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South Africa decisions
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S v Kula (CC21/2023) [2024] ZANWHC 165 (3 June 2024)
The High Court cancelled the accused’s bail and forfeited R50,000 after finding breaches of bail conditions, including contact with children and state witnesses.
Banawo v S (684/2024P) [2024] ZAKZPHC 14 (26 February 2024)
High Court appeal dismissed against refusal of bail in a conspiracy-to-murder case, after the court found a real risk of witness interference.
Barense and Another v S (A01/2023) [2023] ZAWCHC 125; [2023] 3 All SA 381 (WCC) (22 May 2023)
The High Court dismissed a bail appeal by two accused facing Schedule 6 murder charges, finding no exceptional circumstances and a risk of witness interference.
Blose v S (D11892/2022) [2023] ZAKZDHC 71 (14 February 2023)
The court found that the facts presented by the appellant did not constitute new facts as required for a bail application on new facts. The alleged delay in investigations and the reinstatement of the appellant's sister were not exceptional circumstances justifying release. The magistrate correctly considered the risk of interference with witnesses, the seriousness of the offences, and the appellant's position as a police officer. The court held that the magistrate's discretion was properly exercised and that there was no basis to interfere with the refusal of bail. The appeal was dismissed a…
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Maponyane v S (CAB 07/2022) [2022] ZANWHC 26 (2 September 2022)
High Court appeal against refusal of bail dismissed. The court found no exceptional circumstances and held the magistrate’s decision was not wrong.
Matwa and Others v S (A02/2022; A482/2021) [2022] ZAWCHC 72 (10 May 2022)
The court found that the appellants failed to establish exceptional circumstances justifying their release on bail as required by section 60(11)(a) of the Criminal Procedure Act. Their personal circumstances, while relevant, were not exceptional. The State presented a strong prima facie case, and the risk of interference with witnesses and the prevalence of violent cash-in-transit robberies weighed against release. The magistrate did not exercise discretion wrongly, and the decision to refuse bail was upheld. The challenge by the fourth appellant regarding the strength of the State's case was…
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Mvambi v S (A113/2021) [2022] ZAGPJHC 157 (4 February 2022)
The court found that the appellant failed to discharge the onus of proving exceptional circumstances required for bail under section 60(11)(a) of the Criminal Procedure Act. The appellant's personal circumstances, such as employment, lack of previous convictions, and fixed address, were considered commonplace and did not amount to exceptional circumstances. The evidence indicated that the appellant was found in possession of the hijacked vehicle and related items shortly after the offence, and there was a risk of evading trial and interfering with witnesses or the investigation, especially si…
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Lonzi and Others v S (A195/2021) [2021] ZAWCHC 244 (25 November 2021)
High Court bail appeal in a murder and robbery case: first to third appellants’ appeals were dismissed, while the fourth appellant was granted bail.
Pillay v S (A221/2020) [2020] ZAGPPHC 768 (17 November 2020)
The court found that the magistrate correctly exercised discretion in refusing bail. Although the appellant was not a flight risk and had personal circumstances in his favour, the seriousness of the murder conviction, the prevalence of violent crime, the strength of the case against him, and the risk of further interference with vulnerable state witnesses outweighed these factors. The appellant's prospects of success on appeal were not established, as leave to appeal was granted primarily to allow new evidence, not because another court was likely to reach a different conclusion. The cumulati…
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Fourie v S (A107/2020) [2020] ZAGPPHC 260 (8 June 2020)
The High Court upheld an appeal against refusal of bail in a Schedule 6 matter, finding exceptional circumstances and that bail should be granted.
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