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South Africa decisions
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Janse Van Rensburg v S (Bail Appeal) (BA02/2025; SA158/2024) [2025] ZAMPMHC 33 (23 June 2025)
The High Court dismissed a bail appeal, finding the appellant failed to show the interests of justice permitted release and remained a flight risk.
Mashego v S (A31/2025) [2025] ZAGPJHC 545 (4 June 2025)
Appeal against refusal of bail dismissed. The High Court held the appellant failed to prove exceptional circumstances under section 60(11)(a).
R.B and Another v S (Bail Appeal) (A74/2024) [2025] ZAWCHC 216 (23 May 2025)
The court found that the magistrate misdirected herself by failing to properly consider the evidence presented by the appellants regarding the weakness of the state case and the existence of exceptional circumstances. The magistrate did not objectively assess whether the state case was so weak as to justify bail, instead making findings of fact on contested charges. The evidence showed that the appellants were not flight risks, as they returned to South Africa to face charges despite having the opportunity to remain abroad. The interests of justice, including the best interests of the minor c…
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Ilunga v S (Bail Appeal) (A74/2025) [2025] ZAGPPHC 509 (19 May 2025)
Bail appeal dismissed where the appellant failed to place evidence before the magistrate to show exceptional circumstances or answer the section 60 bail criteria.
M.K and Another v S (A312/2022) [2025] ZAGPPHC 439 (8 May 2025)
The High Court refused bail pending reconsideration by the SCA President, finding that two convicted applicants failed to show exceptional circumstances.
Botha v S (Bail Appeal) (BA 03/2025) [2025] ZALMPPHC 49 (19 March 2025)
High Court bail appeal upheld after finding the magistrate misdirected itself on flight risk and irrelevant considerations; bail granted with conditions.
Singh v S (A106/2024) [2025] ZAGPJHC 496 (19 March 2025)
The High Court dismissed Rushil Singh’s bail appeal on new facts, finding the alleged new material did not justify release and that he remained a flight risk.
Mpofu v S (Bail Appeal) (CAB2/2025) [2025] ZANWHC 143 (10 March 2025)
The court held that the magistrate did not err in refusing bail. The applicant failed to establish sufficient family, emotional, or community ties to South Africa, did not provide satisfactory evidence regarding his assets or employment prospects, and admitted possession of a fraudulent permanent residence permit. The seriousness of the charges and the lack of valid documentation increased the risk of absconding. The applicant's arguments regarding previous cooperation and withdrawal of charges in Pretoria did not outweigh the concerns about flight risk. The court found no misdirection by the…
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Mkhangeli v S (CC130/10) [2025] ZAECMHC 13 (5 March 2025)
The High Court dismissed a bail pending appeal application, finding no exceptional circumstances and a risk of absconding, despite missing parts of the trial record.
Sibanyoni v S (A323/24) [2025] ZAGPPHC 201 (25 February 2025)
The court held that the appellant failed to establish exceptional circumstances justifying release on bail pending appeal as required by section 60(11)(a) of the Criminal Procedure Act. While being granted leave to appeal is an important consideration, it is not sufficient on its own to warrant bail. The appellant's previous abscondment, the seriousness of the offences, and the lengthy sentence imposed significantly increased the risk of flight. The court found no basis to interfere with the magistrate's exercise of discretion in refusing bail, as the appellant did not meet the statutory requ…
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