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South Africa Bail FAQs

This webpage by the South African government provides information for beginners on what bail is and how to apply for it. It’s a good place to start your research if you’re in South Africa.

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Article: Possibly unconstitutional? The insistence on verification of address in bail hearings

The article analyses and presents a critical review of the bail regime in South Africa.

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Judicial Review in South Africa

This academic article outlines the judicial review process in South Africa.

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Liebenberg v Minister of Safety and Security (South Africa)

In this case, the arrest of an individual for attempted murder was ultra vires because it was carried out without a warrant and without sufficient evidence for the police to have a reasonable suspicion the defendant committed the crime.

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Mkwate v Minister of Police (South Africa)

In this case, the police were ordered to pay R560,000  in damages for the unlawful arrest and detention of a young boy. The police arrested the boy as he was walking home from school, he was put in the back of a police van, handcuffed and fell around the back of the van when it […]

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Particulars of Claim – Gold Miner Silicosis and TB Litigation (South Africa)

In 2006, a former gold miner suffering from the lung disease silicosis sued AngloGold Ashanti in the South African courts for failing to provide employees with a safe and healthy work environment and failing to meet its law duty of care (this legal duty is discussed below). Under South African law, he had to take […]

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South African Human Rights Commission

The SAHRC has the primary enforcement role for South Africa’s FoI legislation, amongst other important mandates.  It describes itself as “the national institution established to support constitutional democracy.. committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.”

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Promotion of Access to Information Act (South Africa)

The full text of South Africa’s primary FoI legislation.  Notably this allows for access to records and data held by private as well as public bodies.

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Social-Economic Rights Institute of South Africa (SERI)

The Socio-Economic Rights Institute of South Africa (SERI) is a non-profit human rights organisation. We work with communities, social movements, individuals and other non-profit organisations in South Africa and beyond to develop and implement strategies to challenge inequality and realise socio-economic rights. SERI is a registered public interest law centre and Law Clinic. The litigation […]

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Public Interest Legal Services in South Africa: Project Report

This is a study by and for the public interest legal services sector. It was implemented by the Socio-Economic Rights Institute of South Africa (SERI), which is one of the nation’s leading public interest law NGOs, with a significant track record of human rights research and collaborative work with a wide array of actors within […]

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