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South Africa Case Law

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Criminal Law [2025] ZAGPJHC 367

Swart v S (A01/2025)

Swart v S (A01/2025) [2025] ZAGPJHC 367 (26 March 2025)

The High Court upheld a bail appeal, set aside the magistrate’s refusal, and granted the appellant bail of R1,000 under conditions after finding the interests of justice permitted release.

  • Bail Application
  • Criminal Procedure Act Section 65
  • Schedule 1 Offence
  • Interests Of Justice
  • Onus Of Proof
  • Release Conditions
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Civil Procedure [2025] ZAGPPHC 69

Makopo v Minister of Police (A241/22)

Makopo v Minister of Police (A241/22) [2025] ZAGPPHC 69 (21 January 2025)

The High Court dismissed an appeal over alleged unlawful arrest and detention, holding the arrests were justified under section 40(1)(b) of the Criminal Procedure Act.

  • Unlawful Arrest
  • Detention Without Warrant
  • Schedule 1 Offence
  • Double Jeopardy
  • Reasonable Suspicion
  • Unlawful-arrest
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Criminal Law [2024] ZANWHC 301

Nyakane v S (Bail Appeal) (CAB18/2024)

Nyakane v S (Bail Appeal) (CAB18/2024) [2024] ZANWHC 301 (6 December 2024)

The High Court dismissed a bail appeal in a domestic-violence-related assault case, finding the appellant had not shown that the interests of justice permitted release.

  • Bail Application
  • Domestic Violence
  • Interests Of Justice
  • Schedule 1 Offence
  • Judicial Discretion
  • Bail-appeal
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Civil Procedure [2024] ZAECBHC 4

MASWANA v Minister of Police (CA25/2023)

MASWANA v Minister of Police (CA25/2023) [2024] ZAECBHC 4 (16 April 2024)

Appeal dismissed in an unlawful arrest and detention claim. The court held that police had a reasonable suspicion, properly exercised discretion, and lawfully detained the appellant.

  • Unlawful Arrest
  • Unlawful Detention
  • Reasonable Suspicion
  • Exercise Of Police Discretion
  • Damages Claim
  • Schedule 1 Offence
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Criminal Law [2024] ZANCHC 94

Saul v S (Reasons) (CA&R 67/2023)

Saul v S (Reasons) (CA&R 67/2023) [2024] ZANCHC 94 (13 March 2024)

The High Court set aside a refusal of bail, finding the offence was wrongly treated as Schedule 6. Bail was granted on agreed conditions.

  • Bail Application
  • Schedule 1 Offence
  • Statutory Rape
  • Criminal Procedure Act
  • Exceptional Circumstances
  • Bail-application
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Civil Procedure [2024] ZANWHC 63

Maqa v Minister of Police and Another (CIV APP RC 12/2023)

Maqa v Minister of Police and Another (CIV APP RC 12/2023) [2024] ZANWHC 63 (7 March 2024)

The High Court dismissed an appeal against a damages claim for unlawful arrest and detention, holding the warrantless arrest was based on reasonable suspicion.

  • Unlawful Arrest
  • Reasonable Suspicion
  • Damages For Detention
  • Schedule 1 Offence
  • Section 40 1 B
  • Absolution From The Instance
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Civil Procedure [2024] ZALMPPHC 15

Tlaka v Minister of Police (HCA20/2021)

Tlaka v Minister of Police (HCA20/2021) [2024] ZALMPPHC 15 (7 February 2024)

The High Court dismissed an appeal against a finding that a warrantless arrest and brief detention were lawful under section 40(1)(b) of the Criminal Procedure Act.

  • Unlawful Arrest
  • Warrantless Arrest
  • Reasonable Suspicion
  • Firearms Control Act
  • Schedule 1 Offence
  • Unlawful-arrest
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Criminal Law [2023] ZAMPMBHC 7

Sibanyoni v S (A32 / 2022)

Sibanyoni v S (A32 / 2022) [2023] ZAMPMBHC 7 (14 February 2023)

The High Court overturned a refusal of bail, finding the magistrate relied on irrelevant considerations and failed to properly apply the interests-of-justice test.

  • Bail Application
  • Interests Of Justice
  • Culpable Homicide
  • Onus Of Proof
  • Schedule 1 Offence
  • Bail-application
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Delict [2022] ZAECELLC 25

Mgudlwa v Minister of Police and Another (EL 444/2020)

Mgudlwa v Minister of Police and Another (EL 444/2020) [2022] ZAECELLC 25 (8 September 2022)

High Court held the plaintiff’s arrest, detention, and prosecution for fraud were lawful and dismissed his damages claim with costs.

  • Unlawful Arrest
  • Malicious Prosecution
  • Reasonable Suspicion
  • Schedule 1 Offence
  • Bail Opposition
  • Animus Injuriandi
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Criminal Law [2022] ZAECMKHC 116

Cele v S (CA&R 38/2022)

Cele v S (CA&R 38/2022) [2022] ZAECMKHC 116 (7 June 2022)

The magistrate erred in classifying the charge as a Schedule 5 offence when the charge sheet only referred to fraud without further detail, which should be treated as a Schedule 1 offence. Consequently, the onus remained with the state to show that the interests of justice did not permit release. The state failed to present sufficient evidence to establish any of the grounds listed in section 60(4) of the Criminal Procedure Act, relying instead on speculation and unsubstantiated allegations. The appellant's evidence regarding his personal circumstances, business interests, and lack of propens…

  • Bail Application
  • Onus Of Proof
  • Schedule 1 Offence
  • Fair Trial Rights
  • Personal Circumstances
  • Interests Of Justice
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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.