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South Africa Case Law

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Criminal Law [2024] ZAWCHC 440

Martins v S (A49/2019)

Martins v S (A49/2019) [2024] ZAWCHC 440 (17 December 2024)

Bail pending leave to appeal was refused after conviction and a 20-year sentence, with the court finding no compelling basis to interrupt the sentence.

  • Bail Pending Appeal
  • Prevention Of Organised Crime Act
  • Marine Living Resources Act
  • Drugs And Drug Trafficking Act
  • Prospects Of Success On Appeal
  • Onus In Bail Applications
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Criminal Law [2024] ZAWCHC 133

Johnson v S (A249/2023)

Johnson v S (A249/2023) [2024] ZAWCHC 133 (13 May 2024)

On appeal, the High Court upheld refusal of bail to Nicole Johnson, finding the Schedule 5 onus was not discharged and the new facts were not sufficient.

  • Bail Application
  • Prevention Of Organised Crime Act
  • Criminal Procedure Act
  • Onus In Bail Applications
  • Schedule 5 Offences
  • Interests Of Justice
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Criminal Law [2024] ZAKZPHC 14

Banawo v S (684/2024P)

Banawo v S (684/2024P) [2024] ZAKZPHC 14 (26 February 2024)

High Court appeal dismissed against refusal of bail in a conspiracy-to-murder case, after the court found a real risk of witness interference.

  • Bail Application
  • Conspiracy To Murder
  • Interference With Witnesses
  • Criminal Procedure Act Section 60
  • Onus In Bail Applications
  • Bail-application
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Delict [2023] ZAFSHC 505

Makaota v Minister of Police and Another (747/2021)

Makaota v Minister of Police and Another (747/2021) [2023] ZAFSHC 505 (18 December 2023)

Delictual claim for unlawful detention dismissed after the court held the State was entitled to oppose bail on the information then available.

  • Unlawful Detention
  • Bail Opposition
  • Onus In Bail Applications
  • Prima Facie Unlawfulness
  • Unlawful-detention
  • Bail-opposition
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Criminal Law [2021] ZAFSHC 46

Modise v S (A13/2021)

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.

  • Bail Appeal
  • New Facts On Appeal
  • Onus In Bail Applications
  • Schedule 5 And 6 Offences
  • Delay In Prosecution
  • Covid 19 Prison Conditions
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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.