South Africa Case Law

Maritz v S (81/2023)

Maritz v S (81/2023) [2024] ZASCA 72; 2024 (2) SACR 412 (SCA) (8 May 2024)

Court

Supreme Court of Appeal

Case number

81/2023

Judges

Mokgohloa, Mabindla-Boqwana, Molefe

The court held that the appellant failed to establish, on objective facts, a reasonable apprehension of bias on the part of the presiding judge. Each ground advanced—revocation of bail, alleged activism, request for reports, and communication with another judge—was individually scrutinised and found to be without merit. The revocation of bail, even if erroneous, was subject to appeal and did not indicate bias. The judge's association with a judicial organisation and possession of a symbolic item did not establish partiality. The alleged request for a victim impact report was not substantiated…

Source excerpt

• Recusal Of Judge
• Reasonable Apprehension Of Bias
• Right To Fair Trial
• Revocation Of Bail
• Judicial Impartiality

Maritz v S (A131/2021)

Maritz v S (A131/2021) [2021] ZAFSHC 284 (10 November 2021)

Court

Free State High Court, Bloemfontein

Case number

A131/2021

Judges

Van Zyl, Mathebula, Loubser

The High Court upheld a bail appeal, setting aside the trial court’s revocation of bail after conviction but before sentencing and reinstating bail pending sentence.

• Bail Extension After Conviction
• Criminal Procedure Act Section 58
• Exceptional Circumstances
• Functus Officio
• Revocation Of Bail
• Bail-appeal

Doorewaard and Another v S (CAB33/2018)

Doorewaard and Another v S (CAB33/2018) [2018] ZANWHC 87 (6 December 2018)

Court

North West High Court, Mafikeng

Case number

CAB33/2018

Judge

Matlapeng

The High Court held it lacked jurisdiction to hear a fresh bail application pending sentence after conviction, upholding the State’s points in limine.

• Bail Pending Sentence
• Jurisdiction Of High Court
• Criminal Procedure Act
• Revocation Of Bail
• Bail-pending-sentence
• Criminal-procedure-act