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South Africa decisions
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S.W.B v S (15491/23P) [2023] ZAKZPHC 158 (19 December 2023)
The High Court upheld a bail appeal in a Schedule 6 rape case, finding exceptional circumstances and replacing the refusal order with bail and strict conditions.
Lipholo and Others v S (A78/2023; A96/2023) [2023] ZAFSHC 252 (5 July 2023)
The appeal court found that the magistrate failed to properly consider all relevant statutory factors under section 60 of the Criminal Procedure Act, including the appellants' personal circumstances, fixed addresses, surrender of passports, and lack of evidence of flight risk or witness interference. The magistrate did not adequately weigh the possibility of imposing suitable bail conditions as an alternative to outright refusal. The evidence did not establish a likelihood of public disorder or exceptional circumstances justifying continued detention. The court held that the interests of just…
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Mokala Manganese (Pty) Ltd v Sebausengwe and Others (1334/2022) [2023] ZANCHC 14 (17 March 2023)
The court found that the applicant established the requirements for a final interdict. The respondents' denials were either unsupported, inherently improbable, or contradicted by their own affidavits and conduct. The fifth respondent's timesheet did not support his claim and lacked corroborating evidence. The seventh respondent's explanation was vague and insufficient. The respondents were present at a meeting where demands were made, and their subsequent conduct was consistent with acting in concert to blockade the mine. The police respondents did not oppose the application, and the relief a…
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Pienaar v S (A132/2020) [2020] ZAFSHC 257 (19 October 2020)
On urgent appeal against refusal of bail, the High Court held that the state showed only concerns and possibilities, not a likelihood justifying detention.
City of Cape Town v J B and Others (21616/19) [2020] ZAWCHC 9; [2020] 2 All SA 784 (WCC) (17 February 2020)
The court granted the City of Cape Town an interim interdict against protestors occupying public space, while also ordering a short verification process for DHA.
Impangle Logistics (Pty) Ltd and Another v All Truck Drivers' Foundation (ATDF) and Others; Mbali Coal Proprietary Limited v Ntuthuko and Others (3647/2019; 3564/2019) [2019] ZAMPMHC 11; 2020 (1) SACR 536 (ML) (25 October 2019)
The High Court held that SAPS failed to meet its constitutional duty to act against ongoing criminal conduct and ordered the Provincial Commissioner to consider an inquiry.
Moiloa and Others v S (A139/11) [2011] ZAFSHC 115 (7 July 2011)
High Court bail appeal upheld after finding the Regional Court misapplied the onus and relied on unsupported public-order concerns.
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