Bail on murder charge? NPA gives some clarity

The recent spike in murders in the city has seen many residents taking an interest in criminal court proceedings, often questioning the bail application and bail granting process.
Residents who attended the bail hearing of the accused in the Jason Stander’s case, last week expressed their disappointment that the man was granted bail of a mere R3 000.
Residents had protested against his bail application but were left confused when the accused was granted bail. Polokwane Observer asked Mashudu Malabi-Dzhangi, the Spokesperson of the National Prosecuting Authority in Limpopo to explain the factors that determine bail.
According to Mashudu, every case is different, but in general, several factors are considered by the presiding officer in order to grant or deny bail.
She says it is important to remember when a person is arrested, that the accused person remains presumed not guilty until proven otherwise.
“No one may be detained without a trial. If an accused is arrested, he or she is normally kept in prison or the police cells until the trial is finalised, to ensure the presence of the accused in court.
“If the person wishes not to be imprisoned pending the finalisation of the trial, he or she may apply to the court to be released on a warning or on a warning with some conditions attached or on bail (with or without conditions).”
She described bail as the sum of money paid to the court (the state) and said it is granted more readily when the accused is not a flight risk and can easily be located by law enforcement agencies.
By paying bail, the accused promises to avail themselves to court for future hearings of the case they are implicated in, and agrees as such that, should he or she not return, the bail amount may be forfeited to the state.
“When the court case is completed, the bail money is reimbursed even if the accused is found guilty.
“Bail money will, however not be paid back if the accused fails to come to court on the day of their court case, or if they break any of their bail conditions such as if they interfere with any witnesses.”
If an accused does not appear at court, bail will be forfeited to the state unless convincing reasons can be provided as to why the person could not be at the court when he or she was supposed to, she added.
Malabi-Dzhangi says should the case be remanded, the accused has a right to ask the court to be released on bail instead of being remanded in custody until the case finishes.
When asking for bail, the accused must convince the presiding officer that he or she will attend all his court hearings and will not flee, is not a danger to other people, will not commit further crimes and will not intimidate any witness in the case.

Story: Umpha Manenzhe