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South Africa Case Law

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Criminal Law [2022] ZAGPJHC 138

Mafunda v S (A02 / 2022)

Mafunda v S (A02 / 2022) [2022] ZAGPJHC 138 (14 March 2022)

The High Court granted bail after finding the State’s case unclear and weak, and holding that the 5-year trial delay amounted to exceptional circumstances.

  • Bail Proceedings
  • Exceptional Circumstances
  • Onus Of Proof
  • Flight Risk
  • Witness Interference
  • Lengthy Trial Delay
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Criminal Law [2011] ZAGPPHC 65

Pretorius v S (CC91/2003)

Pretorius v S (CC91/2003) [2011] ZAGPPHC 65 (29 April 2011)

The High Court refused Johan Pretorius bail pending judgment, finding he failed to discharge the onus for release on new facts.

  • Bail Pending Judgment
  • Onus Of Proof In Bail
  • Lengthy Trial Delay
  • Cross Examination In Bail
  • Schedule 5 Offences
  • Bail-pending-judgment
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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.