South Africa Case Law

Director of Public Prosecutions v Ngobeni (A358/2023)

Director of Public Prosecutions v Ngobeni (A358/2023) [2024] ZAGPPHC 1341 (29 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

A358/2023

Judge

Mosopa

The court found that the magistrate misdirected himself in granting bail to the respondent on new facts. The respondent's alleged new facts, such as his child's illness and his own deteriorating health, were either known or could have been raised at the initial bail hearing and did not constitute genuine new circumstances. The respondent failed to provide evidence that his medical needs were not being met in detention. The magistrate ignored material evidence regarding the respondent's citizenship status and the fraudulent nature of his identity document. The delay in investigation was explai…

Source excerpt

• Bail Appeal
• Condonation For Late Filing
• New Facts In Bail Application
• Identity Document Fraud
• Prevention Of Organised Crime Act

Prinsloo v S (613/2013)

Prinsloo v S (613/2013) [2013] ZASCA 178 (29 November 2013)

Court

Supreme Court of Appeal

Case number

613/2013

Judges

Lewis, Theron, Majiedt

The Supreme Court of Appeal held that a trial court was not functus officio and had to hear a fresh bail application based on new facts pending appeal.

• Bail Pending Appeal
• Functus Officio
• New Facts In Bail Application
• Criminal Procedure Act Section 65
• Judicial Propriety
• Bail-pending-appeal