South Africa Case Law

Henderson v S (Bail Appeal) (CA & R 62/2024)

Henderson v S (Bail Appeal) (CA & R 62/2024) [2025] ZANCHC 27 (5 March 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 62/2024

Judge

Tyuthuza

The court found that the appellant failed to introduce new facts in the second bail application that were sufficiently different or relevant to warrant reconsideration of bail. Most of the evidence presented was either available at the time of the first application or constituted hearsay, and did not alter the position established previously. The appellant did not provide a credible explanation for the presence of his cellphone at the crime scene, nor did he rebut the prima facie case against him. The court considered the seriousness of the charges, the use of a firearm, the risk to the compl…

Source excerpt

• Bail Pending Trial
• Exceptional Circumstances
• Criminal Procedure Act Section 60
• Schedule 6 Offences
• Onus Of Proof
• Appeal On New Facts

Malambe v S (Bail Appeal) (BA 02/25)

Malambe v S (Bail Appeal) (BA 02/25) [2025] ZAMPMBHC 7 (4 March 2025)

Court

Mbombela High Court, Mpumalanga

Case number

BA 02/25

Judge

Mangena

The court found that the appellant failed to establish exceptional circumstances justifying his release on bail for Schedule 6 offences. The magistrate correctly considered all relevant factors, including the seriousness of the offence, the appellant's relationship with witnesses, the likelihood of interference, and the prevalence of gender-based violence. The appellant's affidavit did not adequately address the circumstances of the offence or the possession of the unlicensed firearm. The risk of evasion and undermining the administration of justice outweighed the appellant's personal circums…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Gender Based Violence
• Presumption Of Innocence

Mogoto v S (Bail Appeal) (BA 14/2024)

Mogoto v S (Bail Appeal) (BA 14/2024) [2025] ZAMPMHC 4 (20 February 2025)

Court

Middelburg High Court, Mpumalanga

Case number

BA 14/2024

Judge

KF Phahlamohlaka

Bail appeal against refusal of bail in a Schedule 6 rape matter dismissed. The court held that no exceptional circumstances were shown and the magistrate did not misdirect himself.

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Onus Of Proof
• Discretion Of Magistrate
• Bail-appeal

Gwele v S (A 230/2024)

Gwele v S (A 230/2024) [2025] ZAWCHC 55 (19 February 2025)

Court

Western Cape High Court, Cape Town

Case number

A 230/2024

Judge

Nuku

High Court appeal dismissed against refusal of bail on a Schedule 6 robbery charge. The court held that the appellant did not show exceptional circumstances.

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Burden Of Proof
• Personal Circumstances
• Bail-application

Ferris v Khumalo and Another (Bail Appeal) (CA&R 6/2025)

Ferris v Khumalo and Another (Bail Appeal) (CA&R 6/2025) [2025] ZANCHC 14 (7 February 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 6/2025

Judge

MC Mamosebo

The High Court upheld a Schedule 6 bail appeal, finding exceptional circumstances and admitting the appellant to bail subject to strict conditions.

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Onus Of Proof
• Firearms Control
• Judicial Discretion

Van Biljon v S (A118/2024)

Van Biljon v S (A118/2024) [2025] ZAGPJHC 53 (29 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A118/2024

Judge

Dosio

High Court appeal against refusal of bail dismissed. The appellant failed to prove exceptional circumstances under section 60(11)(a) of the Criminal Procedure Act.

• Bail Application
• Exceptional Circumstances
• Onus Of Proof
• Schedule 6 Offences
• Flight Risk
• Interests Of Justice

Sogidashe and Others v S (Reasons) (CA&R 97/2024)

Sogidashe and Others v S (Reasons) (CA&R 97/2024) [2025] ZAECMHC 3 (28 January 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R97/2024

Judge

Mhambi

Appeal against refusal of bail in a Schedule 6 murder case dismissed. The court found no material misdirection and held that no exceptional circumstances were shown.

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Onus Of Proof
• Interests Of Justice
• Bail-application

Lehlo v S (A255/2024)

Lehlo v S (A255/2024) [2024] ZAWCHC 425 (12 December 2024)

Court

Western Cape High Court, Cape Town

Case number

A255/2024

Judge

Parker, AJ

The High Court dismissed a bail appeal in a Schedule 6 matter, holding that the appellant failed to prove exceptional circumstances or show that release served the interests of justice.

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Interest Of Justice
• Onus Of Proof
• Bail-appeal

Lategan v S (CA&R193/2023)

Lategan v S (CA&R193/2023) [2024] ZAECMKHC 125; 2025 (1) SACR 513 (ECMk) (19 November 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R193/2023

Judge

Zono

Bail appeal dismissed where alleged “new facts” were held to be repetitive, and the appellant failed to show exceptional circumstances under Schedule 6.

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Burden Of Proof
• Interests Of Justice
• Bail-appeal

Plaatjies v S (CA&R 51/2024)

Plaatjies v S (CA&R 51/2024) [2024] ZAECBHC 38 (12 November 2024)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R 51/2024

Judge

Jolwana

The court found that the applicant failed to discharge the onus of establishing exceptional circumstances that would justify his release on bail under section 60(11)(a) of the Criminal Procedure Act. The applicant's medical condition, while new, was not shown to be so severe as to warrant release, especially given the correctional centre's capacity to provide necessary medical care, including specialist consultations. The evidence against the applicant, including his alleged involvement in the planning and execution of serious offences, posed a significant risk to witnesses and the integrity…

Source excerpt

• Bail On New Facts
• Exceptional Circumstances
• Schedule 6 Offences
• Pretrial Incarceration
• Constitutional Rights
• Medical Condition In Custody