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Case law by topic

Judgments on bail

27 judgments on file that touch bail, newest first, each with the court's own file.

Handed downJudgmentCourt
21 Aug 2026 Chetane v The Minister of Police and Another (4822025)[2026] ZASCA 110 · Delict – criminal procedure – unlawful arrest and detention in terms of s 40(1)(b) of the CPA – malicious prosecution – whether the appellan... Supreme Court of Appeal
29 Jun 2026 Minister of Police v Khedama[2026] ZACC 27 · Prescribed Rate of Interest Act 55 of 1975 — unliquidated debt — general damages— monetary unliquidated damages Constitutional Court
23 Dec 2025 Wares v Additional Magistrate, Simonstown and Others[2025] ZACC 29 · Extradition Act 67 of 1962 — constitutionality of section 10(1) —section is unconstitutional to the extent that it does not make provision f... Constitutional Court
5 Nov 2025 Zolani Godloza and Another v The State[2025] ZACC 24 · Jurisdiction — constitutional matter — potential limitation of the right not to be deprived of freedom arbitrarily and without just cause Ju... Constitutional Court
16 May 2025 Magudumana v Director of Public Prosecutions, Free State and Others[2025] ZASCA 62 · Criminal law – whether the appellant was arrested and abducted in Tanzania by members of South African Police Service – matter decided on re... Supreme Court of Appeal
29 Nov 2024 Loyiso Ludidi & Others v The State (983/2022 and 056/2024)[2024] ZASCA 162 · Sentence of life imprisonment – whether a lengthy period of incarceration as an awaiting trial prisoner can amount to a substantial and comp... Supreme Court of Appeal
31 Oct 2024 Britton v Minister of Justice and Correctional Services and Others[2024] ZASCA 148 · Section 5(1)(a) of the Extradition Act of 1962 – finding of constitutional invalidity does not apply retrospectively – held that Constitutio... Supreme Court of Appeal
11 Oct 2024 Minister of Police v Nontsele[2024] ZASCA 137 · Appeals – whether the court may consider a cross-appeal in the absence of an application for leave to cross-appeal. Delict – damages for mal... Supreme Court of Appeal
8 May 2024 Maritz v The State[2024] ZASCA 72 · Recusal application – refusal by a judge to recuse herself before sentencing in a criminal trial – onus rests on the appellant to discharge,... Supreme Court of Appeal
3 May 2024 MV ‘New Endeavor’ and Others v Indian Oil Corporation Limited[2024] ZASCA 67 · Admiralty law – arrest of an associated ship in terms of ss 3(6) and (7) of the Admiralty Jurisdiction Regulation Act 105 of 1983 (the Act)... Supreme Court of Appeal
3 May 2024 Ntoni Jacob Hlape v The Minister of Police[2024] ZASCA 68 · Civil procedure – unlawful arrest and detention – whether the arrest and detention of appellant was unlawful – whether respondent was liable... Supreme Court of Appeal
27 Mar 2024 Syce and Another v Minister of Police[2024] ZASCA 30 · Application for special leave to appeal – referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – discretion... Supreme Court of Appeal
17 Nov 2023 Minister of Justice and Correctional Services and Others v Wilhelm Pretorius and Others[2023] ZASCA 155 · Appeal – Superior Courts Act of 2013, s 16(2)(a) – mootness – whether, irrespective of mootness, interests of justice require decision on ap... Supreme Court of Appeal
14 Nov 2023 MC Olesitse N.O. v The Minister of Police[2023] ZACC 35 · Application of the “once and for all” common law rule –– applicable to only one cause of action and not to more than one cause of action ––... Constitutional Court
14 Nov 2023 Robert Andrew Groves v The Minister of Police and Another[2023] ZACC 36 · Section 43 of the Criminal Procedure Act discretion – warrant of arrest – discretion of arresting officer Constitutional Court
26 Sep 2022 Solomons v The State[2022] ZASCA 124 · Criminal Law and Procedure – murder – inter-partner violence – domestic violence – sentence – years’ imprisonment, years of which is suspend... Supreme Court of Appeal
22 Apr 2022 Minister of Police and Another v Erasmus[2022] ZASCA 57 · Delict – actio iniuriarum – unlawful arrest and detention – liability of police for post-court appearance detention – not caused by unlawful... Supreme Court of Appeal
5 May 2021 Rajivee Soni v The State (Case no 4652019)[2021] ZASCA 57 · Criminal appeal – appeal against conviction and sentence – whether pattern of evidence proved guilt of the accused beyond a reasonable doubt... Supreme Court of Appeal
14 Apr 2021 JE Mahlangu and Another v The Minister of Police[2021] ZACC 10 · Delict — Judicial detention — damages — inadmissible confession induced by assault extracted by police from accused person — liability of th... Constitutional Court
18 Dec 2020 Smit v Minister of Justice and Correctional Services and Others[2020] ZACC 29 · Drugs and Drugs Trafficking Act 140 of 1992 — constitutionality of section 63 and Schedules — section is unconstitutional and only the amend... Constitutional Court
18 Dec 2020 Bailey and Another v Bailey[2020] ZASCA 178 · Family law – interpretation of word ‘remarriage’ in deed of settlement made order of court – means marriage recognised by law – religious Ch... Supreme Court of Appeal
22 Aug 2019 De Klerk v Minister of Police[2019] ZACC 32 · Delict — unlawful detention — legal causation — unlawful remand Constitutional Court
9 Apr 2019 Kruger v National Director of Public Prosecutions[2019] ZACC 13 · Jurisdiction — Purely factual issue does not raise jurisdiction — No constitutional or legal issue Prescription — Prescription Act 68 of 196... Constitutional Court
1 Jun 2018 Oosthuizen & another v S[2018] ZASCA 92 Supreme Court of Appeal
1 Jun 2018 Flanagan v Minister of Safety and Security[2018] ZASCA 96 Supreme Court of Appeal
1 Jun 2018 Minister of Police and another v Zweni[2018] ZASCA 97 Supreme Court of Appeal
1 Oct 2012 Bailey v The State[2012] ZASCA 154 · Criminal Law – appe al against a sentence of imprisonment for life on a charge of rape under the provisions of ss 51(1) read with Part of Sc... Supreme Court of Appeal

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.