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South Africa Case Law

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Criminal Law [2023] ZAKZPHC 81

Khanyile v S (Bail Appeal) (1022/2023P)

Khanyile v S (Bail Appeal) (1022/2023P) [2023] ZAKZPHC 81 (11 August 2023)

High Court bail appeal dismissed where the appellant, charged with murder and related offences, failed to prove exceptional circumstances under section 60(11)(a).

  • Bail Application
  • Exceptional Circumstances
  • Murder Charge
  • Attempted Murder
  • Firearms Control Act
  • Onus Of Proof
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Criminal Law [2021] ZANCHC 48

Ockhuys v S (CA & R 6/2021)

Ockhuys v S (CA & R 6/2021) [2021] ZANCHC 48 (3 September 2021)

High Court bail appeal dismissed in a murder case where the appellant failed to show that the interests of justice permitted release on bail.

  • Bail Application
  • Murder Charge
  • Domestic Violence Interdict
  • Criminal Procedure Act
  • Mental Observation
  • Previous Convictions
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Criminal Law [2021] ZAGPJHC 125

C and Another v S (SS013/2021)

C and Another v S (SS013/2021) [2021] ZAGPJHC 125 (26 July 2021)

The High Court granted bail on new facts to two police officer applicants facing murder charges, finding exceptional circumstances based on child welfare and changed circumstances.

  • Bail Application
  • Exceptional Circumstances
  • Murder Charge
  • Child Rights
  • Public Interest
  • Bail-application
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Criminal Law [2020] ZAKZDHC 58

Mzobe and Others v S (D6375/20)

Mzobe and Others v S (D6375/20) [2020] ZAKZDHC 58 (26 October 2020)

High Court bail appeal in a murder and kidnapping case. The court found the evidence against the appellants too vague and contradictory to justify continued detention.

  • Bail Application
  • Exceptional Circumstances
  • Common Purpose
  • Murder Charge
  • Kidnapping
  • Constitutional Rights
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Criminal Law [2020] ZAGPJHC 319

Khoza v S (A45/2020)

Khoza v S (A45/2020) [2020] ZAGPJHC 319 (1 June 2020)

High Court appeal against refusal of bail in a murder case succeeded. The court found no sufficient basis for flight risk, witness interference, or public-outcry refusal.

  • Bail Application
  • Murder Charge
  • Flight Risk
  • Public Outcry
  • Section 60 Criminal Procedure Act
  • Bail-appeal
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Criminal Law [2019] ZAGPPHC 587

Mnguni and Others v S (A875/2012)

Mnguni and Others v S (A875/2012) [2019] ZAGPPHC 587 (31 October 2019)

The court held that its role was appellate and not to determine afresh whether bail should be granted, but whether the lower court misdirected itself in refusing bail. The offences charged are serious and fall under Schedule 6, requiring proof of exceptional circumstances for bail. The appellants' personal circumstances, as presented, did not amount to substantial or exceptional circumstances justifying interference with the lower court's decision. The court found no misdirection or error in the lower court's reasoning or exercise of discretion. Consequently, there was no basis to overturn th…

  • Bail Pending Trial
  • Exceptional Circumstances
  • Appellate Review
  • Murder Charge
  • Robbery With Aggravating Circumstances
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Criminal Law [2018] ZAKZDHC 57

Bux v S (B533/2018, D12361/2018)

Bux v S (B533/2018, D12361/2018) [2018] ZAKZDHC 57 (21 November 2018)

Bail appeal in a Schedule 6 murder matter upheld after the High Court found the magistrate misdirected herself and that strict bail conditions could suffice.

  • Bail Application
  • Exceptional Circumstances
  • Murder Charge
  • Criminal Procedure Act
  • Judicial Discretion
  • Bail-appeal
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Criminal Law [2016] ZAGPPHC 565

Mahlangu v S (A261/2016)

Mahlangu v S (A261/2016) [2016] ZAGPPHC 565 (17 May 2016)

High Court bail appeal in a murder case: the court held the State had not shown a Schedule 6 offence and granted bail with conditions.

  • Bail Application
  • Murder Charge
  • Circumstantial Evidence
  • Criminal Procedure Act
  • Flight Risk
  • Interest Of Justice
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Criminal Law [2015] ZAGPJHC 311

Danisa and v S (A395/2015)

Danisa and v S (A395/2015) [2015] ZAGPJHC 311 (11 December 2015)

The High Court dismissed an appeal against refusal of bail, finding no exceptional circumstances and no basis to interfere with the magistrate’s decision.

  • Bail Application
  • Exceptional Circumstances
  • Interests Of Justice
  • Murder Charge
  • Unlawful Possession Of Firearms
  • Bail-application
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Criminal Law [2011] ZAGPJHC 185

Van Vuuren v S (A 468/11)

Van Vuuren v S (A 468/11) [2011] ZAGPJHC 185 (7 December 2011)

High Court appeal upheld a refusal of bail in a murder case, finding the magistrate misdirected herself and that strict conditions could manage risk.

  • Bail Application
  • Schedule 5 Offence
  • Murder Charge
  • Onus Of Proof
  • Protection Order
  • Psychiatric Assessment
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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.