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South Africa Case Law

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Criminal Law [2025] ZAWCHC 91

S v Ruiters (CC 012023)

S v Ruiters (CC 012023) [2025] ZAWCHC 91 (7 March 2025)

Court
Western Cape High Court, Cape Town
Case number
CC01/2023
Judge
Slingers

The court found that Mr Ruiters breached his bail conditions by failing to report to the police station as required. His arrest and detention were the result of his own conduct, and the lawfulness of the arrest was not disputed. On a balance of probabilities, the court held that the impossibility of complying with bail conditions was due to fault on Mr Ruiters' part. The onus shifted to Mr Ruiters to present facts to persuade the court not to cancel bail or declare it forfeited. He elected not to apply for bail or provide any explanation for his failure to do so, and did not present any facts…

Source excerpt

  • Bail Cancellation
  • Onus Of Proof
  • Failure To Comply With Bail Conditions
  • Fault Requirement
  • Criminal Procedure Act Section 66
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Criminal Law [2024] ZAGPJHC 322

Mabaso v S (101/2022)

Mabaso v S (101/2022) [2024] ZAGPJHC 322 (28 March 2024)

Court
South Gauteng High Court, Johannesburg
Case number
101/2022
Judge
MA Makume

The court found that the applicant failed to present credible new facts to justify reconsideration of bail. The medical certificate dated 30 August 2023 was not presented at the earlier hearing despite being in the applicant's possession, and its authenticity was questioned. The applicant did not provide satisfactory explanations for his absence on multiple required dates, nor did he address his history of violating bail conditions and committing further offences while on bail. The court held that the applicant's conduct undermined the administration of justice and that the evidence presented…

Source excerpt

  • Bail Cancellation
  • Onus Of Proof
  • New Facts In Bail
  • Failure To Comply With Bail Conditions
  • Administration Of Justice
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Criminal Law [2012] ZAECPEHC 23

Gcwabe v S (CA&R 03/2012)

Gcwabe v S (CA&R 03/2012) [2012] ZAECPEHC 23 (17 April 2012)

Court
Eastern Cape High Court, Port Elizabeth
Case number
CA&R 03/2012
Judge
D Z Dukada

The court held that the bail application should have been treated as a Schedule 5 offence, placing the onus on the appellant to show that the interests of justice permitted his release. The Magistrate was not wrong in refusing bail, as the appellant failed to discharge this onus. The evidence did not establish a likelihood that the appellant would endanger the public, evade trial, or intimidate witnesses, but the circumstances of the alleged commission of further offences while out on bail, and the lack of satisfactory explanation regarding the laptop and video footage, weighed against the ap…

Source excerpt

  • Bail Application
  • Onus Of Proof
  • Schedule 5 Offence
  • Interests Of Justice
  • Failure To Comply With Bail Conditions
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.