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Criminal Law [2014] ZAECGHC 67

Mfeketho and Others v S (CA&R193/2014)

Mfeketho and Others v S (CA&R193/2014) [2014] ZAECGHC 67 (21 July 2014)

The magistrate misdirected herself by focusing primarily on the strength of the State's case and by according little or no weight to the affidavit evidence presented by the appellants. The bail application did not challenge the merits of the prosecution case in detail, and the investigating officer's evidence supported the appellants' assertions that they posed no flight risk and would not interfere with the investigation. The magistrate failed to properly consider the appellants' liberty interests and the uncontested personal circumstances. As a result, the discretion to refuse bail was wron…

  • Bail Application
  • Discretion Of Magistrate
  • Onus Of Proof In Bail
  • Affidavit Evidence In Bail
  • Interests Of Justice
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