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South Africa decisions
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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.
Bunu v S (Appeal) (A76/25) [2025] ZAWCHC 311 (29 July 2025)
High Court appeal against refusal of bail in a Schedule 6 murder and robbery case was dismissed. The appellant failed to show exceptional circumstances.
Lipholo and Others v S (A78/2023; A96/2023) [2023] ZAFSHC 252 (5 July 2023)
The appeal court found that the magistrate failed to properly consider all relevant statutory factors under section 60 of the Criminal Procedure Act, including the appellants' personal circumstances, fixed addresses, surrender of passports, and lack of evidence of flight risk or witness interference. The magistrate did not adequately weigh the possibility of imposing suitable bail conditions as an alternative to outright refusal. The evidence did not establish a likelihood of public disorder or exceptional circumstances justifying continued detention. The court held that the interests of just…
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Mafunda v S (A02 / 2022) [2022] ZAGPJHC 138 (14 March 2022)
The High Court granted bail after finding the State’s case unclear and weak, and holding that the 5-year trial delay amounted to exceptional circumstances.
Shongwe v S (A41/2021) [2021] ZAMPMBHC 50 (29 October 2021)
High Court bail appeal dismissed in a Schedule 6 murder and firearm case. The court found no exceptional circumstances and upheld refusal of bail.
Rune v S (A165/2020) [2021] ZAFSHC 117 (29 April 2021)
Appeal against refusal of bail dismissed. The court held that the new facts relied on did not amount to exceptional circumstances justifying release.
Ramaroka v S (A68/2021) [2021] ZAGPPHC 182 (24 March 2021)
The High Court upheld a bail appeal in a Schedule 6 rape case, finding the State case weak and the refusal of bail a misdirection.
Director of Public Prosecutions Mpumalanga v Segone (BA30/2020) [2021] ZAMPMHC 1 (18 January 2021)
Appeal against a magistrate’s bail order in a Schedule 6 matter was upheld because no exceptional circumstances were proved.
Rune v S (82/2019) [2020] ZAFSHC 175 (16 October 2020)
The court found that the applicant failed to present any genuinely new facts that would justify reconsideration of bail. The alleged weakening of the state's case was based on the applicant's perception of witness quality, not on any witness contradicting the state's allegations. All witnesses who testified continued to incriminate the applicant as alleged. The addition of further charges increased the severity of potential sentence and the risk of absconding, rather than supporting bail. The impact of the COVID-19 pandemic was found to be ameliorated by the easing of restrictions and reopeni…
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Molokomme v S (A866/16) [2017] ZAGPPHC 831 (3 February 2017)
The court found that the appellant failed to discharge the onus of proving exceptional circumstances justifying his release on bail. The regional court correctly considered the risk of flight, the strength of the State's case, and the likelihood of interference with witnesses or destruction of evidence. The appellant's personal circumstances and affidavit evidence did not outweigh the oral evidence presented by the State. The allegations of assault and duress regarding the confession and pointings-out were not substantiated or made at the relevant time. The court held that the regional magist…
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