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Modise v S (A13/2021) [2021] ZAFSHC 46; 2021 (2) SACR 218 (FB) (22 February 2021)
Appeal against refusal of bail on new facts dismissed as moot after delay and later developments. Court noted the need to state the correct bail schedule and onus.
Skhosana v S (BA16/2020) [2020] ZAMPMHC 10 (27 May 2020)
The court found that the alleged alibi was not new evidence, as it was known to the appellant at the time of the first bail application and no satisfactory explanation was provided for its omission. The magistrate correctly allowed the appellant to testify to determine whether the evidence was new, but found it was not. The appellant failed to discharge the onus of proving exceptional circumstances required for bail under Schedule 6. The appeal was a disguised attempt to reargue the initial application without presenting genuinely new facts. The magistrate's discretion was properly exercised…
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