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South Africa decisions
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Gwele v S (A 230/2024) [2025] ZAWCHC 55 (19 February 2025)
High Court appeal dismissed against refusal of bail on a Schedule 6 robbery charge. The court held that the appellant did not show exceptional circumstances.
Makobalo v S (A138/2024) [2024] ZAWCHC 243 (16 August 2024)
The court found that the magistrate erred by failing to individually assess the appellant's role in the offence and his personal circumstances. The appellant's involvement in the attack was minimal compared to his co-accused, and he did not participate in the intimidation of witnesses or the release of threatening social media content. The appellant is a first offender, still in school, and has no prior convictions or pending matters. The magistrate relied too heavily on group conduct and did not adequately engage with the appellant's affidavit or seek further clarification regarding his circ…
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Mthombeni v S (CA&R 55/23) [2023] ZANCHC 96 (8 December 2023)
High Court appeal against refusal of bail for a Schedule 6 robbery charge dismissed. The court held the appellant failed to prove exceptional circumstances.
Plaatjies v Meintjies and Another (A81/2022; 787/2020) [2022] ZAWCHC 185 (19 September 2022)
High Court appeal in a PIE eviction matter. The court held the respondent lacked locus standi when proceedings began, and the eviction order was set aside.
Cele v S (CA&R 38/2022) [2022] ZAECMKHC 116 (7 June 2022)
The magistrate erred in classifying the charge as a Schedule 5 offence when the charge sheet only referred to fraud without further detail, which should be treated as a Schedule 1 offence. Consequently, the onus remained with the state to show that the interests of justice did not permit release. The state failed to present sufficient evidence to establish any of the grounds listed in section 60(4) of the Criminal Procedure Act, relying instead on speculation and unsubstantiated allegations. The appellant's evidence regarding his personal circumstances, business interests, and lack of propens…
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Kanonge v S (A44/2022) [2022] ZAGPPHC 183 (14 March 2022)
Appeal against refusal of bail under Schedule 6 dismissed. The court found a strong prima facie case, no proven exceptional circumstances, and public-safety risks.
Makamu v S (A145/2019) [2020] ZAGPJHC 54 (26 February 2020)
Appeal against sentence for two attempted murder convictions. The High Court found the trial court should have ordered concurrent sentences, reducing the effective term to five years.
Maidi v S (A43/2017) [2017] ZAGPPHC 775 (3 November 2017)
The court found that there was no evidence to support the appellant's claim of provocation, as the complainant's actions did not justify the violent response. The Magistrate had properly considered the appellant's personal circumstances and correctly characterized him as a violent person, given his previous conviction for robbery. The court held that the sentences imposed were appropriate in light of the severity of the offences, the appellant's lack of remorse, and the serious injuries inflicted on the complainant. There was no misdirection by the Magistrate, and the sentences did not induce…
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Sibeko and Others v S (2/2016) [2016] ZAGPPHC 852 (15 September 2016)
High Court bail appeal dismissed where accused failed to show exceptional circumstances for release on a Schedule 6 offence involving alleged armed robbery.
Seekoei en Die Staat (CA&R22/2015) [2015] ZANCHC 31 (31 July 2015)
The Northern Cape High Court reduced an assault sentence from 2½ years to 18 months, finding the trial court gave too much weight to offence prevalence and not enough to mitigation.
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