South Africa Case Law

Mabuza v S (BA05/2024)

Mabuza v S (BA05/2024) [2024] ZAMPMBHC 26 (13 March 2024)

Court

Mbombela High Court, Mpumalanga

Case number

BA05/2024

Judge

Roelofse

The court held that an order cancelling bail and forfeiting bail money following a section 66 inquiry is not appealable under section 65 of the Criminal Procedure Act. Section 65 only provides for appeals against refusal of bail or bail conditions, not cancellation. The proper remedy for an accused in these circumstances is a review of the decision or a fresh bail application. On the merits, the appellant failed to establish that the magistrate was wrong in cancelling bail and forfeiting bail money. The evidence showed that Mr Mabuza contacted and threatened state witnesses, including the com…

Source excerpt

• Bail Cancellation
• Forfeiture Of Bail Money
• Criminal Procedure Act
• Appealability Of Bail Orders

D[....] v S (A53/2021)

D[....] v S (A53/2021) [2021] ZAGPJHC 71 (25 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A53/2021

Judges

T P Mudau, M A Makume

High Court dismissed an appeal and review against cancellation of bail and forfeiture of bail money after the appellant unlawfully contacted the complainant.

• Bail Cancellation
• Forfeiture Of Bail Money
• Breach Of Bail Conditions
• Domestic Violence Act
• Review Vs Appeal
• Criminal Procedure Act

Rauf and Another v S (A84/16)

Rauf and Another v S (A84/16) [2016] ZAGPPHC 187 (18 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

A84/16

Judges

H.J Fabricius, A.A Louw, W. Hughes

The High Court dismissed an appeal against bail cancellation and forfeiture after finding credible evidence that the appellants breached bail conditions by intimidating witnesses.

• Bail Cancellation
• Forfeiture Of Bail Money
• Criminal Procedure Act Section 66
• Witness Intimidation
• Bail-cancellation
• Bail-forfeiture