POLOKWANE – With 263 shares and over 80 comments (and counting) on Review’s Facebook page and over 40 retweets on Twitter on Wednesday afternoon, it was clear that the community was outraged by the news that the seven teenagers accused of murdering Thorisho Themane, were released on bail.
Read more: JUST IN: Teenagers accused of murdering Thorisho Themane, granted bail
Some of the comments included residents asking why the teenagers received bail when they had murdered an “innocent man”, while others said the justice system in South Africa is weak and askew.
With that in mind, Review spoke to Caxton’s legal advisor, Helene Eloff to elaborate on the bail process and what it entails to provide a better understanding for the community at large.
By definition, ‘Bail’ refers to the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.
“The topic of bail is very difficult to comment on, especially in cases like the Themane murder case where proceedings were held in camera. That means that neither the press nor the public have any idea which arguments led to the court deciding to grant bail to the accused,” she told Review.
With that being said, Eloff said she could provide some details on bail in South African Law:
On determining whether on not an accused can be released on bail, Eloff had the following to say:
Eloff further explained that the purpose of a bail hearing is not to punish but rather, to reach a decision on whether the accused may be released pending the outcome of a trial.
“Even though a community may be upset that an accused was released on bail, that release might still be in the interest of justice and that is something only a court can decide,” she told Review.
“It all comes down to this: A person who committed a less serious crime than murder may generally be released on bail if they are not a flight risk, meaning they won’t mess with the state’s case and their release will not endanger them or others or cause public chaos. However, murder accused must cross an additional bridge to qualify for bail. They must prove that exceptional circumstances exist justifying their release. Examples of exceptional circumstances include health issues or the accused being a breadwinner or employer, among others,” she concluded.
The teenagers, as well as two adults also accused of murdering Themane, will next appear on 31 May 2019.
