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Bux v S (B533/2018, D12361/2018) [2018] ZAKZDHC 58 (21 November 2018)
The High Court granted Junaid Bux bail subject to strict conditions, including reporting duties, witness-contact restrictions, and limits on travel and residence.
Terry v Botes and Another (1868/2002) [2002] ZAWCHC 22; [2002] 3 All SA 798 (C); 2003 (1) SACR 206 (C) (30 April 2002)
The High Court found that the magistrate's insistence on arresting and incarcerating the applicant before hearing his explanation for non-appearance was not supported by section 67 of the Criminal Procedure Act or any other legal provision. The refusal to allow the applicant's attorney to address the court and the reliance on hearsay evidence from the prosecutor, without properly considering the applicant's explanation or seeking relevant medical evidence, constituted gross procedural irregularity. The magistrate's conduct, including the summary postponement and continued detention of the app…
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