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South Africa decisions
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Yosana v Director of Public Prosecutions, Western Cape (CC40/2020) [2025] ZAWCHC 263 (20 June 2025)
Second bail application based on alleged new facts dismissed. The Court held that a witness recantation, banking hardship, and trial delay did not justify release.
Obinyeluba v S (BA01/2024) [2024] ZALMPPHC 73 (9 July 2024)
High Court bail appeal dismissed where alleged new facts—hardship, illness, and pregnancy—were held not to justify release.
Tshivenga v S - Appeal (2248/2023) [2023] ZAFSHC 327 (17 August 2023)
The Free State High Court dismissed leave to appeal against a bail refusal, holding that the alleged new facts did not amount to exceptional circumstances.
Yanta v S (CC44/2021) [2023] ZAWCHC 45; 2023 (2) SACR 387 (WCC) (1 March 2023)
The court found that while certain new facts and changed circumstances were present—specifically, the withdrawal of pending cases, the applicant's prolonged detention, and his medical condition—these did not cumulatively amount to exceptional circumstances justifying release on bail for schedule 6 offences. The seriousness of the charges, the strength of the State's case, and the applicant's prior conduct, including providing false information and allegedly committing offences while on bail, outweighed the new facts presented. The interests of justice required continued detention, and the app…
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Terblanche v S (CA&R 05/2022) [2022] ZAECQBHC 36 (4 October 2022)
The court found that the magistrate erred in applying a restrictive dictionary definition of 'new facts' and failed to appreciate that evidence previously unavailable to the appellant, such as affidavits from individuals he believed to be state witnesses and electronic evidence retrieved from his cellphone, constituted new facts. The change in circumstances that made such evidence accessible after the first bail application is what qualifies them as new facts. The court held that the appellant should be afforded the opportunity to present this evidence in support of his renewed bail applicati…
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Mkhatshwa v S (A112/21) [2021] ZAGPPHC 354 (27 May 2021)
High Court appeal against refusal of bail on alleged new facts under the Criminal Procedure Act was dismissed.
Porritt v S (SS40/2006) [2018] ZAGPJHC 45 (2 March 2018)
The court found that the applicant's bail application was barred by the doctrine of lis pendes, as there was a pending application for special leave to appeal before the Supreme Court of Appeal concerning the same subject matter and parties. The applicant's attempt to circumvent this by relying on alleged new facts was deemed a stratagem to delay the trial and an abuse of process. The court held that the interests of justice and the need for orderliness required that the pending appeal be adjudicated first. The applicant's conduct was found to be vexatious, and the application for bail was re…
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