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South Africa decisions
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Chiloane v Commission for Conciliation Mediation and Arbitration and Others (JR945/24) [2025] ZALCJHB 346 (6 August 2025)
The Labour Court dismissed an unopposed condonation application for a late review, finding a 16-month delay was inadequately explained and no prospects of success were shown.
K.Y.M v S (Appeal) (CAB20/2024) [2025] ZANWHC 140 (30 July 2025)
Appeal against refusal of bail upheld; the High Court granted bail on conditions after finding the magistrate misdirected herself on the evidence.
Bunu v S (Appeal) (A76/25) [2025] ZAWCHC 311 (29 July 2025)
High Court appeal against refusal of bail in a Schedule 6 murder and robbery case was dismissed. The appellant failed to show exceptional circumstances.
Elvis and Another v Registrar of Deeds Pretoria and Others (49/2011B) [2025] ZALCC 31 (28 July 2025)
Leave to appeal was dismissed because the underlying order was interim, not finally determinative, and the dispute had become moot after 30 days.
S.A.P v S (Bail Appeal) (CAB 05/2025) [2025] ZANWHC 92 (2 June 2025)
The court found that while the appellant introduced new facts in his supplementary affidavit, these facts were not sufficiently compelling to alter the balance of the interests of justice in his favour. The seriousness of the offence, the domestic violence context, and the risk to the complainant remained paramount. The magistrate correctly applied the statutory framework under section 60(11)(c) and section 60(4) of the Criminal Procedure Act, and did not exercise her discretion wrongly. The appellant failed to discharge the onus of showing that the interests of justice permitted his release…
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Bouwer v S (Bail Appeal) (BA09/2025) [2025] ZALMPPHC 94 (12 May 2025)
The High Court dismissed a bail appeal, finding no misdirection in refusing bail where the appellant posed risks of witness interference and evidence destruction.
J.R. v S (A23/2025) [2025] ZAGPJHC 434 (2 May 2025)
The court found that the magistrate erred by treating the bail application as a criminal trial, failing to focus on the true purpose of bail, which is to secure the accused's attendance at trial and prevent interference with justice. The record, though incomplete, contained sufficient material for a proper assessment. The appellant had complied with the protection order since 2020, had no history of violating it, and demonstrated no intention to evade trial or threaten the complainant. The urgency of bail and the appellant's financial circumstances were relevant. The magistrate failed to adeq…
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N.G v S (Bail Appeal) (A03/2025) [2025] ZAWCHC 167 (15 April 2025)
High Court bail appeal in a Schedule 6 sexual-offence case dismissed after the court found no exceptional circumstances and a risk of witness interference.
Tenants of the Eastern Cape Development Corporation v Eastern Cape Development Corporation (EL1788/2023) [2025] ZAECELLC 6 (15 April 2025)
The court found that while the tenants shared the status of being occupiers of the respondent’s properties and all alleged a right of first refusal, the remaining claims were highly individualized, relating to maintenance, improvements, defects, and arrear rental. The absence of a draft pleading and the lack of detail in the affidavits rendered the application procedurally deficient. The respondent had already undertaken to afford tenants a right of first refusal, and any compensation claims would require individualized factual determinations. The court held that certification would not provi…
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Mokgetsi v S (Bail Appeal) (A34/2025) [2025] ZAGPPHC 355 (14 April 2025)
The High Court dismissed a bail appeal by an accused charged with rape, holding that the magistrate correctly applied the interests-of-justice test under the CPA.
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