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South Africa decisions
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Botha v S (Bail Appeal) (BA 03/2025) [2025] ZALMPPHC 49 (19 March 2025)
High Court bail appeal upheld after finding the magistrate misdirected itself on flight risk and irrelevant considerations; bail granted with conditions.
Mpofu v S (Bail Appeal) (CAB2/2025) [2025] ZANWHC 143 (10 March 2025)
The court held that the magistrate did not err in refusing bail. The applicant failed to establish sufficient family, emotional, or community ties to South Africa, did not provide satisfactory evidence regarding his assets or employment prospects, and admitted possession of a fraudulent permanent residence permit. The seriousness of the charges and the lack of valid documentation increased the risk of absconding. The applicant's arguments regarding previous cooperation and withdrawal of charges in Pretoria did not outweigh the concerns about flight risk. The court found no misdirection by the…
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Bergstedt v S (Bail Appeal) (A195/2024) [2024] ZAWCHC 383 (21 November 2024)
The High Court dismissed a bail appeal, holding that the appellant failed to show exceptional circumstances under Schedule 5 of the CPA.
Rosen v S (CA & R 38/24) [2024] ZANCHC 101 (25 October 2024)
The court found that the magistrate a quo materially misdirected himself by applying Schedule 6 instead of Schedule 5 to the appellant's bail application, thereby imposing an incorrect and higher threshold of 'exceptional circumstances' rather than the correct test of whether release is in the interests of justice. The appellant had previously complied with all bail conditions, including house arrest, and there was no evidence that he posed a flight risk, would interfere with witnesses, or commit further offences. The respondent failed to verify or refute the appellant's proposed address, and…
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Solomons v S (A163/2024) [2024] ZAWCHC 305 (10 October 2024)
The High Court dismissed a bail appeal, holding that the magistrate was not wrong to refuse release because the appellant failed to show that bail was in the interests of justice.
Shungube v S (BA06/2024) [2024] ZAMPMBHC 73 (1 October 2024)
High Court bail appeal upheld after finding the magistrate misapplied Schedule 6 and overestimated risks of intimidation, evidence interference, and community danger.
Nxumalo and Others v S (A61/2024) [2024] ZAFSHC 216 (17 July 2024)
High Court appeal against refusal of bail on new facts dismissed; the court held the appellants had not shown that the interests of justice justified release.
Davies v S (CA&R 103/2024) [2024] ZAECMKHC 69 (19 June 2024)
The magistrate erred by relying on public opinion and a community petition, which lacked evidential value, and failed to properly weigh the appellant's personal circumstances and the interests of justice. There was no evidence that the appellant would endanger public safety or disturb public order if released. The requirements of sections 60(4)(a) and (e) of the Criminal Procedure Act were not met, and the magistrate did not undertake the necessary balancing exercise under sections 60(9) and (10). The appellant's lack of previous convictions, verified address, and family responsibilities were…
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Mda v S (CA&R 80/2024) [2024] ZAECMKHC 66 (11 June 2024)
High Court bail appeal upheld after finding the magistrate misdirected herself; the appellant was admitted to bail with reporting and contact conditions.
Johnson v S (A249/2023) [2024] ZAWCHC 133 (13 May 2024)
On appeal, the High Court upheld refusal of bail to Nicole Johnson, finding the Schedule 5 onus was not discharged and the new facts were not sufficient.
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