South Africa Case Law

S v Lenting and Others (CC08/2018)

S v Lenting and Others (CC08/2018) [2025] ZAWCHC 271 (29 April 2025)

Court

Western Cape High Court, Cape Town

Case number

CC08/2018

Judge

LekhULENI

The court held that the State may apply for the admission of hearsay evidence either under s 222 of the Criminal Procedure Act read with s 34 of the Civil Proceedings Evidence Act, or under s 3(1)(c) of the Law of Evidence Amendment Act. The statutory exceptions established prior to 1988 remain in force, and the introductory phrase 'subject to the provisions of any other law' in s 3(1)(c) facilitates alternative avenues for admissibility. If the requirements of s 34 are met, the statements are admissible as a matter of law; if not, the court may still admit the evidence under s 3(1)(c) if it…

Source excerpt

• Hearsay Evidence
• Admissibility Of Documentary Evidence
• Constitutional Right To Fair Trial
• Criminal Gang Activity
• Photo Identification Parade
• Witness Intimidation

Killian v S (CC7/2023)

Killian v S (CC7/2023) [2024] ZAWCHC 318 (17 October 2024)

Court

Western Cape High Court, Cape Town

Case number

CC7/2023

Judge

M Sher

The court found that the applicant failed to establish any exceptional circumstances that would justify his release on bail for a Schedule 6 offence. The evidence showed a direct and knowing involvement in the electronic tracking of the victim prior to his assassination, and the applicant's explanations were riddled with improbabilities and untruths. The applicant attempted to destroy material evidence and was connected to organised crime figures, posing a real risk of witness intimidation, evidence tampering, and flight from justice. His personal circumstances, including his medical conditio…

Source excerpt

• Bail Application
• Premeditated Murder
• Organised Crime
• Electronic Surveillance
• Exceptional Circumstances
• Witness Intimidation

Shungube v S (BA06/2024)

Shungube v S (BA06/2024) [2024] ZAMPMBHC 73 (1 October 2024)

Court

Mbombela High Court, Mpumalanga

Case number

BA06/2024

Judge

Mashile

High Court bail appeal upheld after finding the magistrate misapplied Schedule 6 and overestimated risks of intimidation, evidence interference, and community danger.

• Bail Application
• Schedule 5 Offences
• Interests Of Justice
• Witness Intimidation
• Flight Risk
• Presumption Of Innocence

Miya v S (SS163/2015)

Miya v S (SS163/2015) [2024] ZAGPJHC 964 (27 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

SS163/2015

Judge

Dosio

The High Court refused bail to an accused facing schedule 6 charges, finding no exceptional circumstances and accepting risks of flight, violence, and witness intimidation.

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offence
• Flight Risk
• Witness Intimidation
• Public Peace And Security

Loots and Another v S (A111/2023)

Loots and Another v S (A111/2023) [2024] ZAFSHC 227 (30 July 2024)

Court

Free State High Court, Bloemfontein

Case number

A111/2024

Judge

Daniso

Appeal against refusal of bail dismissed. The court held the appellants were flight risks and that the second appellant had not shown exceptional circumstances.

• Bail Application
• Flight Risk
• Exceptional Circumstances
• Fraud
• Criminal Procedure Act
• Witness Intimidation

Williams v S (CA&R 92/2024)

Williams v S (CA&R 92/2024) [2024] ZAECMKHC 59 (12 June 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R 92/2024

Judge

Gqamana

High Court bail appeal upheld after the magistrate failed to weigh the appellant’s minor children’s interests and did not properly deal with alleged witness intimidation.

• Bail Application
• Magistrate Discretion
• Schedule 5 Offence
• Interests Of Minor Children
• Witness Intimidation
• Bail-appeal

S.W.B v S (15491/23P)

S.W.B v S (15491/23P) [2023] ZAKZPHC 158 (19 December 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

15491/23P

Judge

Ntlokwana AJ

The High Court upheld a bail appeal in a Schedule 6 rape case, finding exceptional circumstances and replacing the refusal order with bail and strict conditions.

• Bail Application
• Exceptional Circumstances
• Rape Of Minor
• Criminal Procedure Act Section 60
• Public Order
• Witness Intimidation

Nkqayi and Others v S (CA&R 121/2022)

Nkqayi and Others v S (CA&R 121/2022) [2023] ZAECMHC 15 (28 March 2023)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R 121/2022

Judge

FBA Dawood

High Court dismissed a bail appeal by three accused, finding a strong State case and a likelihood of further offences, witness interference, and flight risk.

• Bail Application
• Schedule 5 Offence
• Onus Of Proof
• Interests Of Justice
• Flight Risk
• Witness Intimidation

Mitchell and Others v S (CC 04/2018)

Mitchell and Others v S (CC 04/2018) [2023] ZAECQBHC 13 (10 March 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

CC 04/2018

Judge

M Makaula

The High Court dismissed a post-conviction application for a special entry under section 317, holding it was late and lacked any basis to call witnesses.

• Special Entry
• Criminal Procedure Act Section 317
• Disclosure Of Evidence
• Witness Intimidation
• Condonation For Late Filing
• Special-entry

Omotoso v S (CC15/2018)

Omotoso v S (CC15/2018) [2020] ZAECPEHC 43 (4 November 2020)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CC15/2018

Judge

P Zilwa

The court held that it was not competent to investigate delays under section 342A(1) as it was not seized with the main trial; such investigation must be conducted by the trial court. Regarding bail, the applicant failed to establish genuinely new facts or exceptional circumstances. Most alleged new facts were either previously available or irrelevant to the bail inquiry. The applicant's prohibited immigrant status increased his flight risk, as he and his family could be deported and lacked substantial ties to South Africa. The seriousness of the charges and potential sentence further incenti…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Flight Risk
• Prohibited Immigrant Status
• Witness Intimidation
• Covid 19 Prison Risk