South Africa Case Law

Mfeketho and Others v S (CA&R193/2014)

Mfeketho and Others v S (CA&R193/2014) [2014] ZAECGHC 67 (21 July 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R193/2014

Judge

G Goosen

The magistrate misdirected herself by focusing primarily on the strength of the State's case and by according little or no weight to the affidavit evidence presented by the appellants. The bail application did not challenge the merits of the prosecution case in detail, and the investigating officer's evidence supported the appellants' assertions that they posed no flight risk and would not interfere with the investigation. The magistrate failed to properly consider the appellants' liberty interests and the uncontested personal circumstances. As a result, the discretion to refuse bail was wron…

Source excerpt

• Bail Application
• Discretion Of Magistrate
• Onus Of Proof In Bail
• Affidavit Evidence In Bail
• Interests Of Justice

Pretorius v S (CC91/2003)

Pretorius v S (CC91/2003) [2011] ZAGPPHC 65 (29 April 2011)

Court

North Gauteng High Court, Pretoria

Case number

CC91/2003

Judge

Mabuse

The High Court refused Johan Pretorius bail pending judgment, finding he failed to discharge the onus for release on new facts.

• Bail Pending Judgment
• Onus Of Proof In Bail
• Lengthy Trial Delay
• Cross Examination In Bail
• Schedule 5 Offences
• Bail-pending-judgment