Swart v S (A01/2025) [2025] ZAGPJHC 367 (26 March 2025)
Court
South Gauteng High Court, Johannesburg
Case number
A01/2025
Judge
Allen AJ
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.
Makopo v Minister of Police (A241/22) [2025] ZAGPPHC 69 (21 January 2025)
Court
North Gauteng High Court, Pretoria
Case number
A241/22
Judges
Mbongwe, Hassim, Lesufi
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.
Nyakane v S (Bail Appeal) (CAB18/2024) [2024] ZANWHC 301 (6 December 2024)
Court
North West High Court, Mafikeng
Case number
CAB18/2024
Judge
Wessels
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.
MASWANA v Minister of Police (CA25/2023) [2024] ZAECBHC 4 (16 April 2024)
Court
Eastern Cape High Court, Bhisho
Case number
CA25/2023
Judges
Govindjee, J G A Laing, M S Dunywa
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.
Maqa v Minister of Police and Another (CIV APP RC 12/2023) [2024] ZANWHC 63 (7 March 2024)
Court
North West High Court, Mafikeng
Case number
CIV APP RC 12/2023
Judges
Hendricks, Petersen
The High Court dismissed an appeal against a damages claim for unlawful arrest and detention, holding the warrantless arrest was based on reasonable suspicion.
Tlaka v Minister of Police (HCA20/2021) [2024] ZALMPPHC 15 (7 February 2024)
Court
Limpopo High Court, Polokwane
Case number
HCA20/2021
Judges
Naude-Odendaal, M.F. Kganyago
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.
Sibanyoni v S (A32 / 2022) [2023] ZAMPMBHC 7 (14 February 2023)
Court
Mbombela High Court, Mpumalanga
Case number
A32 / 2022
Judge
TV Ratshibvumo
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.
Cele v S (CA&R 38/2022) [2022] ZAECMKHC 116 (7 June 2022)
Court
Eastern Cape High Court, Makhanda
Case number
CA&R 38/2022
Judge
Laing
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…