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Petitioner number two was also convicted of two counts of attempted murder, one count of unlawful possession of a firearm and one count of unlawful possession of four live rounds of ammunition. 1.1 south africa’s bail law forms an integral part of the criminal procedure act of 1977 (cpa),1 a law of apartheid extraction which has been in existence for almost five decades. The rules board for courts of law (rules board) has considered introducing new rules for the high court to regulate the procedure for bail appeals from the magistrates’ courts.
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[1] this is a bail appeal emanating from ntabankulu magistrate’s court under case number b66/2023 ‘the constitutional court, the supreme court of appeal and the high court of south africa each has the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of justice.’ This bail appeal concerns the decision of the ntabankulu magistrate’s court refusing to admit the appellant to bail
[2] the parties are “ad idem” that the notice of appeal was filed out of time.
Governed by the criminal procedure act, 51 of 1977, the bail process is complex, with various factors influencing the decision to grant bail and the conditions that accompany it. Saflii is a member of the free access to law movement and is committed to publishing all judgments provided by the courts online Please let us know if we are missing one We are grateful to all the legal practitioners and court officials who help us source judgments every day.
What are the grounds for refusing bail in south africa In south africa, there are several factors or grounds that can lead to a court’s decision to refuse bail for an accused person. Consequently, in applying the high court’s inherent common law and constitutional jurisdiction, i am satisfied that the applicant in his affidavit in support of the bail application has complied with and satisfied the requirements of section 60 (11) and is entitled to be released on bail.
