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South Africa Case Law

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Criminal Law [2025] ZAWCHC 161

Sevier v S (Bail Appeal) (A(B)03/2024)

Sevier v S (Bail Appeal) (A(B)03/2024) [2025] ZAWCHC 161 (25 March 2025)

Bail pending extradition was refused where the court found the appellant lacked credibility, used fraudulent passport stamps, and posed a high flight risk.

  • Extradition Proceedings
  • Bail Pending Extradition
  • Risk Of Absconding
  • Credibility Of Applicant
  • Fraudulent Passport Stamps
  • Bail-pending-extradition
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Criminal Law [2025] ZANWHC 26

Maleshane v S (Bail Appeal) (CAB 01/2025)

Maleshane v S (Bail Appeal) (CAB 01/2025) [2025] ZANWHC 26 (7 February 2025)

The High Court dismissed a bail appeal pending appeal against conviction, finding that the interests of justice did not support release.

  • Bail Pending Appeal
  • Prospects Of Success
  • Risk Of Absconding
  • Judicial Discretion
  • Bail-pending-appeal
  • Criminal-bail
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Criminal Law [2024] ZAGPJHC 955

Sibanda and Others v S (096/2016)

Sibanda and Others v S (096/2016) [2024] ZAGPJHC 955 (23 September 2024)

The High Court dismissed a bail pending appeal application by applicants convicted of racketeering, robbery and related offences, finding they had not shown the interests of justice justified release.

  • Bail Pending Appeal
  • Racketeering
  • Robbery With Aggravating Circumstances
  • Unlawful Possession Of Firearm
  • Sentencing Principles
  • Risk Of Absconding
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Criminal Law [2024] ZAGPPHC 667

Louis v S (139/2023; A452/2012)

Louis v S (139/2023; A452/2012) [2024] ZAGPPHC 667 (8 May 2024)

High Court appeal against refusal of bail dismissed after finding a strong prima facie case, flight risk, and insufficient proof that release was in the interests of justice.

  • Bail Application
  • Criminal Procedure Act Section 60
  • Prima Facie Case
  • Risk Of Absconding
  • Judicial Discretion
  • Bail-application
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Criminal Law [2022] ZAGPJHC 675

Luphondo v S (SS026/2014)

Luphondo v S (SS026/2014) [2022] ZAGPJHC 675 (9 September 2022)

The High Court dismissed Desai Luphondo’s bail application pending a SCA reconsideration bid, finding he had not shown that the interests of justice justified release.

  • Bail Pending Appeal
  • Schedule 5 Offences
  • Interests Of Justice
  • Onus On Applicant
  • Risk Of Absconding
  • Bail-pending-appeal
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Criminal Law [2016] ZAGPJHC 1

Manaka v S (A417/2015)

Manaka v S (A417/2015) [2016] ZAGPJHC 1 (15 January 2016)

The High Court upheld an appeal against refusal of bail pending appeal and granted the appellant bail of R5,000 subject to reporting and other conditions.

  • Bail Pending Appeal
  • Murder
  • Criminal Procedure Act Section 65
  • Risk Of Absconding
  • Bail-pending-appeal
  • Criminal-procedure-act-section-65
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Criminal Law [2015] ZAECGHC 108

Onwuakpa and Others v S (CA&R271/2015)

Onwuakpa and Others v S (CA&R271/2015) [2015] ZAECGHC 108 (19 October 2015)

Bail appeal dismissed in a Schedule 5 drug case. The court held the magistrate was not wrong to refuse release given flight risk and risk of reoffending.

  • Bail Application
  • Schedule 5 Offences
  • Onus Of Proof
  • Risk Of Absconding
  • Likelihood Of Committing Offence
  • Bail-application
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Criminal Law [2007] ZAWCHC 52

Petersen v S (A465/07)

Petersen v S (A465/07) [2007] ZAWCHC 52 (5 September 2007)

The appellant failed to establish exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act. The evidence did not support a current severe psychiatric condition or a lack of adequate care in detention. The appellant's need to care for her daughter was not substantiated, and her family was capable of providing care. The State's case against the appellant was reasonably strong, supported by cell phone records, witness statements, and confessions. The risk of absconding was heightened by the appellant's request to have insurance proceeds paid into a Namibian accoun…

  • Bail Application
  • Exceptional Circumstances
  • Psychiatric Evidence
  • Risk Of Absconding
  • Witness Interference
  • Public Safety
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.