Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Nowtham v S (A2025/091731) [2025] ZAKZDHC 50 (7 August 2025)
Appeal against a bail refusal in a Schedule 6 murder case was dismissed. The High Court held that the magistrate correctly found no exceptional circumstances.
Dyasi v S (A212/24) [2025] ZAWCHC 23 (4 February 2025)
The appellant failed to discharge the onus of proving exceptional circumstances justifying release on bail for a Schedule 6 offence. The court a quo correctly evaluated the evidence, including the appellant's personal circumstances and the risks identified by the State, such as threats to witnesses and undermining the justice system. The appellant's circumstances were found to be commonplace and not exceptional. The appeal court found no material misdirection by the court a quo and held that the refusal of bail was justified in law and fact.
Source excerpt
Mbanye v S (CA&R 211/2024) [2025] ZAECMKHC 4 (28 January 2025)
The court found that the appellant was correctly charged with a Schedule 6 offence, and thus bore the onus to establish exceptional circumstances justifying her release on bail. The appellant failed to provide credible evidence of her alleged pregnancy, health conditions, or family responsibilities. Her previous convictions, possession of dangerous weapons, and evidence of ongoing criminal activity while incarcerated indicated a likelihood of endangering others or committing further offences. The court held that the magistrate did not err in refusing bail, as the interests of justice outweigh…
Source excerpt
Deputy Director of Public Prosecutions Limpopo v Olivier (P12/2024) [2024] ZALMPPHC 146; 2025 (1) SACR 543 (LP) (4 November 2024)
The court held that section 335 of the Criminal Procedure Act does not preclude the State from invoking section 60(14) in bail proceedings. Section 60(14) is a special provision that restricts access to information in the police docket, including statements made by the accused, for the purpose of bail unless the prosecutor directs otherwise. The general right under section 335 is ousted by the specific restriction in section 60(14) in the context of bail applications. The respondent, charged with a Schedule 6 offence, must invoke section 60(11) to seek access to his statement for bail purpose…
Source excerpt
Mzonywa v S (Bail Appeal) (CA&R161/2024) [2024] ZAECMKHC 113 (22 October 2024)
The court held that the Magistrate's refusal to grant bail was justified. The appellant failed to demonstrate exceptional circumstances as required by Section 60(11)(a) of the Criminal Procedure Act. The appellant's personal circumstances, including age, concern for property, and willingness to relocate, were not sufficient to constitute exceptional circumstances. The proximity of the appellant's home to the complainant's and the risk of intimidation or undue influence were properly considered by the Magistrate. The court further held that new facts raised on appeal, such as the alleged weakn…
Source excerpt
Miya v S (SS163/2015) [2024] ZAGPJHC 964 (27 September 2024)
The High Court refused bail to an accused facing schedule 6 charges, finding no exceptional circumstances and accepting risks of flight, violence, and witness intimidation.
Mbuyane v S (BA05/2024) [2024] ZAMPMBHC 59 (30 August 2024)
High Court bail appeal dismissed. The court held the appellant failed to prove exceptional circumstances for Schedule 6 bail and that the magistrate did not err.
Phadi and Another v S (A1/2024) [2024] ZAFSHC 169 (3 June 2024)
Bail appeal in a Schedule 6 robbery case. The High Court found a material misdirection, held exceptional circumstances were shown, and granted bail with conditions.
Mahlathi v S (CC72/2021) [2024] ZAWCHC 156 (31 May 2024)
The court found that the applicant failed to discharge the onus of proving exceptional circumstances justifying release on bail under Schedule 6 of the Criminal Procedure Act. The applicant's personal circumstances, including lack of prior convictions and fixed residence, were not sufficient when viewed cumulatively with other factors such as the seriousness of the charges, alleged gang affiliation, suspicious elimination of witnesses in both current and previous matters, and the applicant's periods at large and arrest outside the jurisdiction. The court held that systemic delays in the comme…
Source excerpt
Gombe v S (CA&R06/2024) [2024] ZAECMHC 27 (2 May 2024)
The court held that the appellant failed to establish exceptional circumstances justifying release on bail for a Schedule 6 offence. The Magistrate did not materially misdirect himself in refusing bail. The appellant's personal circumstances—including his immigration status, health condition, and financial responsibilities—were not sufficiently out of the ordinary to meet the statutory threshold. The interests of his minor children, while relevant, did not override the interests of justice. The state case was not shown to be weak, and the appellant did not prove that acquittal was probable. T…
Source excerpt
Explore more
