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South Africa Case Law

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Criminal Law [2021] ZAGPPHC 492

Alehi v S (A173/2021)

Alehi v S (A173/2021) [2021] ZAGPPHC 492; 2022 (1) SACR 271 (GP) (10 August 2021)

Court
North Gauteng High Court, Pretoria
Case number
A173/2021
Judge
Khumalo

The court found that the magistrate did not err in refusing bail to the appellant. The appellant failed to provide credible evidence of fixed address, employment, or established ties to South Africa. His status as an illegal foreigner was not the sole determinant; rather, the lack of valid documentation, conflicting statements, and absence of proof of attempts to legalise his stay since 2014 weighed against his release. The interests of justice, including the risk of evasion and undermining the criminal justice system, justified continued detention. The presumption of innocence was not infrin…

Source excerpt

  • Bail Application
  • Presumption Of Innocence
  • Interest Of Justice
  • Illegal Foreigner Status
  • Drug Offences
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Criminal Law [2021] ZAGPPHC 678

Abbas v S (A127/2021)

Abbas v S (A127/2021) [2021] ZAGPPHC 678 (7 June 2021)

Court
North Gauteng High Court, Pretoria
Case number
A127/2021
Judge
Mosopa

The court held that the lower court properly considered the appellant's status as an illegal foreigner, his lack of fixed residence or relatives in South Africa, and the risk of flight and interference with witnesses. The appellant's threats to witnesses and the strength of the state's case, including possession of evidential material, justified the refusal of bail. The court distinguished the Ulde case, noting that the appellant's detention was for fraud, not immigration offences, and that the discretion exercised by immigration officers in Ulde did not apply here. The court found no reason…

Source excerpt

  • Bail Application
  • Illegal Foreigner Status
  • Section 60 Cpa
  • Flight Risk
  • Threats To Witnesses
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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.