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South Africa decisions
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Janse Van Rensburg v S (Bail Appeal) (BA02/2025; SA158/2024) [2025] ZAMPMHC 33 (23 June 2025)
The High Court dismissed a bail appeal, finding the appellant failed to show the interests of justice permitted release and remained a flight risk.
Mokgetsi v S (Bail Appeal) (A34/2025) [2025] ZAGPPHC 355 (14 April 2025)
The High Court dismissed a bail appeal by an accused charged with rape, holding that the magistrate correctly applied the interests-of-justice test under the CPA.
Motshelanoka v S (Bail Appeal) (CAB15/2024) [2024] ZANWHC 251 (9 October 2024)
The High Court dismissed a bail appeal in a murder matter, holding that the appellant had not shown that the interests of justice permitted release.
Makobalo v S (A138/2024) [2024] ZAWCHC 243 (16 August 2024)
The court found that the magistrate erred by failing to individually assess the appellant's role in the offence and his personal circumstances. The appellant's involvement in the attack was minimal compared to his co-accused, and he did not participate in the intimidation of witnesses or the release of threatening social media content. The appellant is a first offender, still in school, and has no prior convictions or pending matters. The magistrate relied too heavily on group conduct and did not adequately engage with the appellant's affidavit or seek further clarification regarding his circ…
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Ismail v S (A60/2024) [2024] ZAGPJHC 614 (4 July 2024)
The court found that the appellant failed to discharge the onus that the interests of justice permit her release on bail. The appellant's conduct, including providing false addresses, evading police tracing efforts, and her familiarity with witnesses and access to evidentiary material, created a real likelihood that she would attempt to evade trial and interfere with the administration of justice if released. The gravity of the charges and the value of the stolen goods further incentivized absconding. The evidence presented by the appellant and her mother was inconsistent and lacked credibili…
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Williams v S (CA&R 92/2024) [2024] ZAECMKHC 59 (12 June 2024)
High Court bail appeal upheld after the magistrate failed to weigh the appellant’s minor children’s interests and did not properly deal with alleged witness intimidation.
Matambo v S (BA15/2024) [2024] ZALMPPHC 53 (24 May 2024)
High Court appeal against refusal of bail dismissed. The court held the appellant had not shown that the interests of justice permitted release.
Van Zyl and Others v S (CA & R 7/2024) [2024] ZANCHC 43 (3 May 2024)
The Court found that the Magistrate correctly exercised his discretion in refusing bail. The appellants failed to discharge the onus to show that the interests of justice permit their release. The presence of pending theft cases for the first and third appellants, the second appellant's previous convictions for dishonesty, and the circumstances of the alleged offence indicated a likelihood of further offences and undermining the bail system. The Magistrate's conclusion was supported by the evidence and legal principles, and the denial of bail was manifestly in the interests of justice. The ap…
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Magudumana v S - Appeal (A156/2023) [2023] ZAFSHC 435 (7 November 2023)
High Court appeal dismissed against refusal of bail to Nandipha Magudumana, with the court finding a real flight risk and no material misdirection by the magistrate.
Imran v S (A112/2023) [2023] ZAWCHC 320 (7 November 2023)
The High Court dismissed an appeal against refusal of bail, finding the magistrate had not misdirected herself and that the interests of justice did not permit release.
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