South Africa Case Law

Plaatjies v S (CA&R 51/2024)

Plaatjies v S (CA&R 51/2024) [2024] ZAECBHC 38 (12 November 2024)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R 51/2024

Judge

Jolwana

The court found that the applicant failed to discharge the onus of establishing exceptional circumstances that would justify his release on bail under section 60(11)(a) of the Criminal Procedure Act. The applicant's medical condition, while new, was not shown to be so severe as to warrant release, especially given the correctional centre's capacity to provide necessary medical care, including specialist consultations. The evidence against the applicant, including his alleged involvement in the planning and execution of serious offences, posed a significant risk to witnesses and the integrity…

Source excerpt

• Bail On New Facts
• Exceptional Circumstances
• Schedule 6 Offences
• Pretrial Incarceration
• Constitutional Rights
• Medical Condition In Custody

Mkhatshwa v S (A112/21)

Mkhatshwa v S (A112/21) [2021] ZAGPPHC 354 (27 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

A112/21

Judge

Msibi

High Court appeal against refusal of bail on alleged new facts under the Criminal Procedure Act was dismissed.

• Bail Application
• Exceptional Circumstances
• New Facts
• Criminal Procedure Act
• Right To Freedom
• Medical Condition In Custody