South Africa Case Law

Zwelibanzi and Other v S (CA&R61/2024)

Zwelibanzi and Other v S (CA&R61/2024) [2024] ZAECBHC 35 (18 December 2024)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R61/2024

Judge

S A Collett

The court found that the Magistrate correctly applied the law and exercised his discretion in refusing bail. The appellants failed to discharge the onus of proving exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act. The Magistrate considered both the personal circumstances of the appellants and the strength of the State's case, finding a prima facie case against them. Procedural complaints regarding the determination of the schedule and the opportunity to rebut evidence did not materially affect the fairness of the proceedings or prejudice the appellants.…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Onus Of Proof
• Magistrate Discretion

Twaise v S (A168/24)

Twaise v S (A168/24) [2024] ZAWCHC 235 (3 September 2024)

Court

Western Cape High Court, Cape Town

Case number

A168/24

Judge

Matlhape B

The magistrate erred by failing to consider and weigh the grounds listed in section 60(4) of the Criminal Procedure Act, including the absence of evidence that the appellant posed a risk to public safety, would evade trial, intimidate witnesses, or undermine the criminal justice system. The state accepted the alternative address and conceded the weakness of its case. The magistrate incorrectly dismissed the appellant's personal circumstances as commonplace without proper judicial evaluation. The court found that the cumulative effect of the appellant's circumstances and the state's concession…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Sexual Offences
• Magistrate Discretion
• Child Victim

Mhlongo v S (A20/2024)

Mhlongo v S (A20/2024) [2024] ZAGPJHC 562 (13 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A20/2024

Judge

R B Mkhabela

High Court appeal against refusal of bail dismissed. The court found no misdirection by the magistrate and held that exceptional circumstances were not shown.

• Bail Application
• Exceptional Circumstances
• Robbery With Aggravating Circumstances
• Onus Of Proof
• Magistrate Discretion
• Bail-appeal

Williams v S (CA&R 92/2024)

Williams v S (CA&R 92/2024) [2024] ZAECMKHC 59 (12 June 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 92/2024

Judge

Gqamana

High Court bail appeal upheld after the magistrate failed to weigh the appellant’s minor children’s interests and did not properly deal with alleged witness intimidation.

• Bail Application
• Magistrate Discretion
• Schedule 5 Offence
• Interests Of Minor Children
• Witness Intimidation
• Bail-appeal

Witbooi and Another v S (CA&R96/2023)

Witbooi and Another v S (CA&R96/2023) [2024] ZAECMHC 49 (11 June 2024)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R96/2023

Judge

Metu

The High Court dismissed a bail appeal by two accused in a Schedule 6 matter, finding no exceptional circumstances or misdirection in the magistrate’s refusal.

• Bail Application
• Exceptional Circumstances
• Magistrate Discretion
• Criminal Procedure Act
• Appeal Strictu Sensu
• Bail-application

Mda v S (CA&R 80/2024)

Mda v S (CA&R 80/2024) [2024] ZAECMKHC 66 (11 June 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 80/2024

Judge

Metu

High Court bail appeal upheld after finding the magistrate misdirected herself; the appellant was admitted to bail with reporting and contact conditions.

• Bail Application
• Criminal Procedure Act Section 65
• Schedule 5 Offences
• Interests Of Justice
• Magistrate Discretion
• Bail-appeal

Mtshali and Another v S (2498/2024P)

Mtshali and Another v S (2498/2024P) [2024] ZAKZPHC 29 (28 March 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2498/2024P

Judge

Veerasamy AJ

Appeal dismissed against refusal of bail in a stock theft matter. The court found no material misdirection and held the appellants had not shown release was in the interests of justice.

• Bail Application
• Stock Theft
• Onus Of Proof
• Interests Of Justice
• Flight Risk
• Magistrate Discretion

Namlela and Another v S (CA&R 16/2024)

Namlela and Another v S (CA&R 16/2024) [2024] ZAECMKHC 25 (7 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 16/2024

Judge

Govindjee

High Court bail appeal refusing further evidence and upholding bail refusal because the appellants were found to be flight risks.

• Bail Proceedings
• Adducing Further Evidence On Appeal
• Flight Risk
• Interests Of Justice
• Magistrate Discretion
• Personal Liberty

Johannes v S (A218/2023)

Johannes v S (A218/2023) [2023] ZAWCHC 312; 2024 (2) SACR 318 (WCC) (1 December 2023)

Court

Western Cape High Court, Cape Town

Case number

A218/2023

Judge

M Pangarker

High Court bail appeal upheld after the magistrate was found to have approached the matter punitively and without sufficient evidential basis.

• Bail Application
• Schedule 5 Offences
• Presumption Of Innocence
• Interests Of Justice
• Magistrate Discretion
• Bail-appeal

Mnisi v S (A108/22)

Mnisi v S (A108/22) [2022] ZAGPJHC 873 (7 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A108/22

Judge

M Jordaan

The High Court upheld an appeal against refusal of bail pending appeal and granted the appellant bail, finding the magistrate failed to balance liberty and justice.

• Culpable Homicide
• Bail Pending Appeal
• Prospects Of Success
• Interests Of Justice
• Magistrate Discretion
• Bail-pending-appeal