South Africa Case Law

Mathibela v Minister of Justice and Correctional Service and Others (36375/2022)

Mathibela v Minister of Justice and Correctional Service and Others (36375/2022) [2022] ZAGPPHC 646 (31 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

36375/2022

Judge

E M Kubushi

The Court found that, although the Respondents did not comply with the Court Order directing the Applicant's transfer from C-Max to the local remand detention facility, the Applicant failed to establish that the Respondents' non-compliance was wilful and mala fide. The Respondents acted under a genuine mistaken belief that the Court Order was defective and required correction before implementation. The Applicant's changed status following conviction justified a reassessment of his security classification and a new decision regarding his detention location. As a result, the requirements for co…

Source excerpt

• Contempt Of Court
• Remand Detention
• Security Classification
• Urgent Application

Ditlhakanyane and Others v S (SS43/2012)

Ditlhakanyane and Others v S (SS43/2012) [2014] ZAGPJHC 210; 2015 (1) SACR 437 (GJ) (4 August 2014)

Court

South Gauteng High Court, Johannesburg

Case number

SS43/2012

Judge

Mokgoatlheng

The High Court dismissed a section 49G(3) application for release from remand detention, holding that continued detention was justified pending trial.

• Remand Detention
• Bail Application
• Prevention Of Organised Crime Act
• Constitutional Rights
• Delay In Prosecution
• Remand-detention

S v Matshoba and Others (CC45/13)

S v Matshoba and Others (CC45/13) [2013] ZAECPEHC 63; 2015 (1) SACR 448 (ECP) (27 March 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CC45/13

Judge

B Hartle

The court held that a section 49G enquiry is not a bail hearing and ordered the accused to remain in custody pending trial.

• Remand Detention
• Correctional Supervision Act
• Bail Principles
• Unreasonable Delay
• Overcrowding
• Section 49g Enquiry