South Africa Case Law

Plaatjies v S (CA&R51/2024)

Plaatjies v S (CA&R51/2024) [2024] ZAECBHC 29 (12 November 2024)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R51/2024

Judge

Jolwana

The court found that the applicant failed to discharge the onus of establishing exceptional circumstances that would justify his release on bail under section 60(11)(a) of the Criminal Procedure Act. The only new fact presented—the applicant's medical condition—was not sufficiently serious or exceptional to warrant release, as his medical needs could be met within the correctional system, including access to private medical care at his own expense. The seriousness of the charges, the precision with which the offences were planned and executed, and the applicant's intimate knowledge of the inv…

Source excerpt

• Bail On New Facts
• Exceptional Circumstances
• Pretrial Incarceration
• Threat To Witnesses
• Medical Condition Of Accused

Plaatjies v S (CA&R 51/2024)

Plaatjies v S (CA&R 51/2024) [2024] ZAECBHC 38 (12 November 2024)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R 51/2024

Judge

Jolwana

The court found that the applicant failed to discharge the onus of establishing exceptional circumstances that would justify his release on bail under section 60(11)(a) of the Criminal Procedure Act. The applicant's medical condition, while new, was not shown to be so severe as to warrant release, especially given the correctional centre's capacity to provide necessary medical care, including specialist consultations. The evidence against the applicant, including his alleged involvement in the planning and execution of serious offences, posed a significant risk to witnesses and the integrity…

Source excerpt

• Bail On New Facts
• Exceptional Circumstances
• Schedule 6 Offences
• Pretrial Incarceration
• Constitutional Rights
• Medical Condition In Custody

S v Makhenke (SS92/2021)

S v Makhenke (SS92/2021) [2022] ZAGPJHC 233 (12 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

SS92/2021

Judge

S D J Wilson

Sentencing judgment for murder, culpable homicide and arson. The court found remorse and 361 days in custody justified departure from the minimum murder sentence.

• Minimum Sentencing
• Remorse
• Mitigation Of Sentence
• Pretrial Incarceration
• Culpable Homicide
• Arson