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South Africa Case Law

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Criminal Law [2021] ZAMPMBHC 50

Shongwe v S (A41/2021)

Shongwe v S (A41/2021) [2021] ZAMPMBHC 50 (29 October 2021)

High Court bail appeal dismissed in a Schedule 6 murder and firearm case. The court found no exceptional circumstances and upheld refusal of bail.

  • Bail Application
  • Exceptional Circumstances
  • Schedule 6 Offence
  • Previous Convictions
  • Risk Of Flight
  • Witness Interference
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Criminal Law [2018] ZAECPEHC 53

Nqaba v S (CC27/2016)

Nqaba v S (CC27/2016) [2018] ZAECPEHC 53 (11 October 2018)

The court found that the applicant failed to demonstrate real prospects of success in his appeal against conviction and sentence. The trial court's main judgment described the evidence against the applicant as overwhelming, including identification by a police officer and DNA evidence linking the applicant to the crime scene. The applicant did not address the prospects of success in his application or evidence, and the reasons for granting leave to appeal were not available. The court held that the applicant's circumstances, such as supporting a disabled child and discomfort in prison, were n…

  • Bail Pending Appeal
  • Murder Conviction
  • Firearms Control Act
  • Exceptional Circumstances
  • Risk Of Flight
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Criminal Law [2010] ZANCHC 26

Mokgele v S (CA & R 43/2010)

Mokgele v S (CA & R 43/2010) [2010] ZANCHC 26 (25 June 2010)

The court found that the appellant failed to discharge the onus of proving exceptional circumstances justifying his release on bail. The evidence established a prima facie case against the appellant, including his presence at the scene, attempts to evade police on two occasions, and a previous conviction for robbery. The appellant provided no satisfactory explanation for his conduct or the inconsistencies regarding his address. His personal circumstances, including responsibility for two children and limited income, did not amount to exceptional circumstances. The magistrate's finding of a li…

  • Bail Application
  • Onus Of Proof
  • Exceptional Circumstances
  • Risk Of Flight
  • Personal Circumstances
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Criminal Law [2009] ZAECPEHC 40

Ali and Another v S (CA&R 8/09)

Ali and Another v S (CA&R 8/09) [2009] ZAECPEHC 40 (21 August 2009)

Appeal against refusal of bail in a corruption and defeating-justice case. Bail was refused for the first appellant but granted to the second.

  • Bail Application
  • Onus Of Proof
  • Schedule 5 Offences
  • Risk Of Flight
  • Destruction Of Evidence
  • Bail-application
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Criminal Law [2004] ZASCA 96

S v Van Wyk (176/04)

S v Van Wyk (176/04) [2004] ZASCA 96; 2005 (1) SACR 41 (SCA) (30 September 2004)

The Supreme Court of Appeal dismissed a bail appeal by an accused in the Boeremag trial, holding that release was not in the interests of justice.

  • Bail Application
  • Burden Of Proof
  • Prima Facie Case
  • Risk Of Flight
  • Bail-application
  • Criminal-procedure-act
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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.