South Africa Case Law

Tom v S (Appeal) (CA&R17/2025)

Tom v S (Appeal) (CA&R17/2025) [2025] ZAECBHC 13 (12 June 2025)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R17/2025

Judge

Zono

The magistrate's refusal to grant bail was arbitrary and unconstitutional because he failed to consider and account for the appellant's affidavit and the relevant factors required by law. The judgment lacked reasons and proper analysis, violating the appellant's constitutional rights to freedom and security of the person and the principle of judicial impartiality. The appeal court found that the magistrate's decision was wrong and substituted it with an order admitting the appellant to bail, subject to standard conditions.

Source excerpt

• Bail Application
• Judicial Reasoning
• Section 65 Criminal Procedure Act
• Section 12 Constitution
• Judicial Impartiality
• Failure To Give Reasons

Davis and Another v S (2888/2015)

Davis and Another v S (2888/2015) [2015] ZAKZDHC 41 (8 May 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

2888/2015

Judge

Steyn

The court held that the appellants were not entitled to challenge the first refusal of bail after launching a new application on new facts. The facts presented in the second application did not constitute 'new facts' as required by Section 65 of the Criminal Procedure Act, but were merely an elaboration of evidence already before the court. The procedural requirements of Section 65 are peremptory, and the notice of appeal restricted the appeal to the decision of 14 November 2014. The magistrate's decision was not wrong, and the appeal was procedurally flawed. The court emphasized that allowin…

Source excerpt

• Bail Application
• Exceptional Circumstances
• New Facts In Bail
• Section 65 Criminal Procedure Act
• Constitutional Rights

Bennett v S (A182/99)

Bennett v S (A182/99) [1999] ZAGPHC 5 (4 April 1999)

Court

High Courts - Gauteng

Case number

A182/99

Judge

Willis

High Court appeal against refusal of bail under the Criminal Procedure Act and Family Violence Act; the court found no basis to deny bail and ordered immediate release.

• Bail Application
• Prevention Of Family Violence Act
• Presumption Of Innocence
• Section 65 Criminal Procedure Act
• Bail
• Criminal-procedure-act