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South Africa decisions
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A.O v S (Bail Appeal) (A104/2025) [2025] ZAWCHC 274 (30 June 2025)
The High Court upheld a bail appeal, finding exceptional circumstances after the complainant retracted her allegations and the magistrate’s refusal was wrong.
Nyakudya v O.R Tambo District Municipality (862/2024) [2025] ZAECMHC 40 (27 May 2025)
The court found that the respondent terminated the applicant's employment contract without providing proper notice or following fair procedures, in contravention of the Basic Conditions of Employment Act and the Labour Relations Act. Although the applicant's work permit had expired, the respondent's failure to comply with statutory requirements regarding notice and procedure rendered the termination unlawful. The court held that being an illegal foreigner does not automatically entitle the employer to summarily terminate employment; fair procedures must be followed. However, reinstatement was…
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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.
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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Zhang v S (Bail Appeal) (A257/2024) [2024] ZAWCHC 421 (12 December 2024)
The High Court dismissed a bail appeal by a serial abalone offender, upheld bail cancellation, and referred prosecutorial conduct and a prior sentence re-suspension for investigation.
Ihedioha v S (A230/2024) [2024] ZAGPPHC 1274 (29 November 2024)
High Court appeal against refusal of bail dismissed. The court held that the appellant lacked a confirmed residence and that unresolved immigration status supported refusal.
Road Accident Fund v Mudawo and Others (011795/2022) [2024] ZAGPPHC 655 (9 July 2024)
The court found that the Road Accident Fund Act does not contain any express limitation excluding illegal foreigners from its operation. The attempt by the Minister of Transport and the Road Accident Fund to exclude illegal foreigners through subordinate regulation was unlawful, as subordinate legislation cannot amend the scope of a statute. The Constitutional Court's decision in Chakanyuka was distinguishable, as the Legal Practice Act expressly limits admission to citizens and permanent residents, whereas the RAF Act does not. The Supreme Court of Appeal has held that the RAF Act should be…
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Osagiede and Others v S (A95/22) [2022] ZAWCHC 166; [2022] 4 All SA 845 (WCC) (1 September 2022)
The High Court dismissed an extradition-related bail appeal by eight appellants, finding the State had shown risks of flight, interference, and undermining justice.
Rafoneke and Others v Minister of Justice and Correctional Services and Others (Makombe Intervening) (CCT 315/21, CCT 321/21, CCT 06/22) [2022] ZACC 29; 2022 (6) SA 27 (CC); 2022 (12) BCLR 1489 (CC) (2 August 2022)
The Constitutional Court held that section 24(2) of the Legal Practice Act, which restricts admission as legal practitioners to citizens and permanent residents, is not unconstitutional. The differentiation is rationally connected to legitimate governmental purposes, including the protection of opportunities for citizens and permanent residents and the regulation of the legal profession in the public interest. The exclusion of other foreign nationals, even those lawfully entitled to live and work in South Africa, does not amount to unfair discrimination under section 9 of the Constitution, as…
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T.R and Others v Minister of Home Affairs and Others; R.W.A and Others v Minister of Home Affairs and Others (3919/20;12667/20) [2022] ZAWCHC 115; [2022] 3 All SA 918 (WCC); 2022 (5) SA 534 (WCC) (7 June 2022)
The court found that the Immigration Act and related regulations, to the extent that they require foreign parents who were holders of spousal visas to leave South Africa and cease working upon termination of their spousal relationships, unjustifiably limit the constitutional rights to dignity and parental care of both the parents and their South African children. The legislative scheme fails to give effect to the best interests of the child, as required by the Constitution and international instruments. The court held that the respondents did not demonstrate that the limitations imposed are r…
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