South Africa Case Law

Dubule and Another v S (SS59/2023)

Dubule and Another v S (SS59/2023) [2024] ZAGPJHC 383 (20 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS59/2023

Judge

Noko

The court found that neither applicant had discharged the onus of proving exceptional circumstances justifying release on bail. The medical and psychological conditions of the applicants' children, while unfortunate, were not substantiated by sufficient medical evidence nor shown to be directly linked to the applicants' incarceration. The social worker's report lacked diagnostic authority and failed to establish a causal connection. The applicants' financial and employment claims were unsubstantiated. The seriousness of the offences, the applicants' criminal histories, and the strength of the…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Child Rights Under Section 28
• Flight Risk
• Strength Of State Case

Njokweni v S (CC 16/13)

Njokweni v S (CC 16/13) [2013] ZAECPEHC 39 (7 August 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CC 16/13

Judge

Griffiths

High Court bail application in a serious Schedule 6 matter refused because the applicant failed to show changed circumstances or exceptional circumstances.

• Bail Application
• Exceptional Circumstances
• Onus Of Proof
• Strength Of State Case
• Delay In Trial
• Bail-application

Memeza and Others v S (A310/2012)

Memeza and Others v S (A310/2012) [2013] ZAFSHC 27 (14 March 2013)

Court

Free State High Court, Bloemfontein

Case number

A310/2012

Judges

Molemela, Da Rocha-Boltney

The court found that the magistrate erred in concluding that the strength of the state case could not be assessed before the closure of the state case. Upon review of the evidence, the court determined that the state had a strong case against all appellants in respect of charge 1, and against the first, second, and third appellants in respect of charge 2. The case against the fourth, fifth, and sixth appellants on charge 2 was only prima facie, based on cellular phone evidence, and the case against all appellants on charge 3 was weak due to inadmissibility of key evidence and lack of identifi…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offence
• Strength Of State Case
• Delay In Trial
• Onus Of Proof

Van Vuuren v S (A721/2011)

Van Vuuren v S (A721/2011) [2012] ZAGPPHC 104 (13 June 2012)

Court

North Gauteng High Court, Pretoria

Case number

A721/2011

Judge

M F Legodi

The High Court upheld an appeal against refusal of bail and granted the appellant bail, finding minimal witness-interference risk, no evasion risk, and no strong basis to detain him.

• Bail Application
• Sexual Offences Act
• Release Conditions
• Interference With Witnesses
• Risk Of Evasion
• Strength Of State Case

Mooi v S (162/12)

Mooi v S (162/12) [2012] ZASCA 79 (30 May 2012)

Court

Supreme Court of Appeal

Case number

162/12

Judges

NAVSA, VAN HEERDEN, SNYDERS

The Supreme Court of Appeal upheld bail, finding unexplained delay in the State’s case and its apparent weakness amounted to exceptional circumstances.

• Bail Application
• Exceptional Circumstances
• Criminal Procedure Act
• Delay In Prosecution
• Strength Of State Case
• Bail-application

Solomons v S (A 121/10)

Solomons v S (A 121/10) [2010] ZAWCHC 53 (23 March 2010)

Court

Western Cape High Court, Cape Town

Case number

A 121/10

Judge

Olivier AJ

The court held that the appellant failed to discharge the onus of proving exceptional circumstances that would justify his release on bail under section 60(11)(a) of the Criminal Procedure Act. The appellant's personal circumstances were found to be ordinary and, even when considered cumulatively, did not rise to the level of exceptional circumstances. The appellant had previously been arrested for similar offences and was found in possession of substantial quantities of illegal drugs while on bail for a similar offence, indicating a propensity to reoffend and a heightened risk of abscondment…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Criminal Procedure Act Section 60
• Onus Of Proof
• Flight Risk
• Strength Of State Case