S v Dausab (1) (Judgment : bail application) (CC 38 of 2009) [2010] NAHC 122 (15 September 2010)

S v Dausab (1) (Judgment : bail application) (CC 38 of 2009) [2010] NAHC 122 (15 September 2010)

Placing the onus on the applicant in bail applications does not infringe Articles 7 or 10 of the Namibian Constitution, as the right to bail is not categorically entrenched and the applicant is not prejudiced where he is informed of the grounds for opposing bail. There is no need to reverse the existing procedural and evidential law regarding bail applications in Namibia.

Citation
[2010] NAHC 122
Parties
Applicant: Julius Dausab; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
15 September 2010
Case Number
CC 38 of 2009
Procedural Posture
Bail Application / Ruling on Constitutional Point Regarding Onus in Bail Applications
Outcome
Application dismissed
Legal Topics
Bail, Onus of Proof, Equality Before the Law, Personal Liberty, Fair Trial
Source Language
English
Criminal Law Constitutional Law Bail Onus of Proof Equality Before the Law Personal Liberty Fair Trial

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Parties

Julius Dausab

Applicant

The State

Respondent

Procedural Posture

Bail Application / Ruling on Constitutional Point Regarding Onus in Bail Applications

Legal Issues

  1. 1 Whether the onus in bail applications should rest on the State or the applicant under the Namibian Constitution
  2. 2 Whether placing the onus on the applicant in bail applications infringes Articles 7 and 10 of the Namibian Constitution

Ratio Decidendi

Placing the onus on the applicant in bail applications does not infringe Articles 7 or 10 of the Namibian Constitution, as the right to bail is not categorically entrenched and the applicant is not prejudiced where he is informed of the grounds for opposing bail. There is no need to reverse the existing procedural and evidential law regarding bail applications in Namibia.

Court Disposition

Application dismissed

Orders

  • The application to place the onus on the State in bail applications is dismissed.