South Africa Case Law

Afali v S (Bail Appeal) (CA&R180/2024)

Afali v S (Bail Appeal) (CA&R180/2024) [2024] ZAECMKHC 121; 2025 (2) SACR 52 (ECMk) (1 November 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R180/2024

Judge

Mhambi

The appeal court found that the Magistrate correctly refused bail to the appellant, who was in South Africa illegally with an expired permit and had failed to apply for asylum for seven months. The appellant's mere expression of intention to seek asylum did not entitle him to release on bail, nor did it render his detention unlawful. The interests of justice, including the risk of flight and the need to uphold the integrity of the immigration system, outweighed the appellant's personal circumstances. The court emphasized that the authorities must facilitate the appellant's opportunity to appl…

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• Bail Application
• Illegal Immigration
• Interests Of Justice
• Refugee Status
• Flight Risk

Tamang and Another v S (A91/2023)

Tamang and Another v S (A91/2023) [2023] ZAGPJHC 1084 (28 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A91/2023

Judge

Dosio

The appellants failed to discharge the onus of proving exceptional circumstances justifying release on bail for a schedule 6 offence. Their reliance on affidavit evidence, which could not be tested by cross-examination, weakened their case. The court found that the risk of flight was high due to their lack of ties to South Africa, absence of substantial assets, and the likelihood of deportation upon conviction. The fact that the investigating officer did not oppose bail was not binding on the court, which is required to uphold the law and weigh the interests of justice. The appellants' illega…

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• Bail Application
• Exceptional Circumstances
• Illegal Immigration
• Robbery With Aggravating Circumstances
• Onus Of Proof
• Immigration Act

S v Molefi (SS83/2022)

S v Molefi (SS83/2022) [2023] ZAGPJHC 919 (14 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

SS83/2022

Judge

Dosio

After trial, the accused was convicted of murder, attempted murder, robbery with aggravating circumstances, and illegal immigration, with two counts acquitted.

• Murder
• Attempted Murder
• Robbery With Aggravating Circumstances
• Illegal Immigration
• Identification Evidence
• Minimum Sentencing

Nuku-Cha and Others v S (A338/21)

Nuku-Cha and Others v S (A338/21) [2022] ZAGPPHC 92 (4 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

A338/21

Judge

A. J. Bam

High Court appeal against refusal of bail in a Schedule 5 criminal matter succeeded, with bail granted subject to travel and reporting conditions.

• Bail Application
• Schedule 5 Offence
• Burden Of Proof
• Critical Infrastructure Act
• Illegal Immigration
• Judicial Reasoning

Yan v S (D11062/2021)

Yan v S (D11062/2021) [2022] ZAKZDHC 9 (28 January 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

D11062/2021

Judge

Steyn

High Court bail appeal dismissed after finding the appellant failed to show that release was in the interests of justice and his evidence was unreliable.

• Bail Application
• Onus Of Proof
• Illegal Immigration
• Fraud
• Judicial Discretion
• Bail-appeal

S v Nkomo (A123/2018)

S v Nkomo (A123/2018) [2019] ZAGPJHC 420 (29 April 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A123/2018

Judges

Yacoob, Du Plessis

The High Court upheld a sentence appeal in part, corrected the offender status to first offender, and back-dated a 19-year sentence from the date of arrest.

• Minimum Sentencing
• First Offender Status
• Parole Eligibility
• Illegal Immigration
• Firearm Disqualification
• Minimum-sentencing

Rauf and Another v S (CC29/2015)

Rauf and Another v S (CC29/2015) [2016] ZAGPPHC 1093 (25 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

CC29/2015

Judge

S.A.M. Baqwa

The High Court dismissed bail pending appeal for two murder convicts, finding that prospects of success did not outweigh witness intimidation risks and flight risk.

• Bail Pending Appeal
• Flight Risk
• Intimidation Of Witnesses
• Illegal Immigration
• Prospects Of Success
• Circumstantial Evidence

Mokonyane v S (A808/13)

Mokonyane v S (A808/13) [2014] ZAGPPHC 185 (1 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

A808/13

Judges

Dewrance, Matojane

The High Court dismissed a sentence appeal in a murder matter, holding that the regional court properly applied the prescribed minimum sentence despite the appellant’s arguments.

• Minimum Sentencing
• Illegal Immigration
• Aggravating Circumstances
• Murder
• Judicial Discretion
• Criminal-law

S v Sithole and Another (SHO93/2013)

S v Sithole and Another (SHO93/2013) [2014] ZAFSHC 18 (27 February 2014)

Court

Free State High Court, Bloemfontein

Case number

SHO93/2013

Judge

K. J. Moloi

The High Court set aside the conviction and sentence on count 1 because the accused had been charged under a repealed statute. It declined to order reprosecution.

• Unlawful Possession Of Precious Metals
• Illegal Immigration
• Repeal Of Statute
• Review Proceedings
• Criminal-law
• Judicial-review

S v Maine and Others (211/2013)

S v Maine and Others (211/2013) [2013] ZAFSHC 159 (22 August 2013)

Court

Free State High Court, Bloemfontein

Case number

211/2013

Judges

F. Jordaan, S. J. Thamage

The Free State High Court set aside convictions and sentences imposed under section 112(1)(a) because the procedure and punishment exceeded lawful limits.

• Criminal Procedure Act Section 112
• Sentencing Powers
• Review Proceedings
• Drug Offences
• Illegal Immigration
• Criminal-procedure-act-section-112