Marsland v Director of Public Prosecutions, Johannesburg and Others (10216/2020)
Marsland v Director of Public Prosecutions, Johannesburg and Others (10216/2020) [2020] ZAGPJHC 131; 2020 (1) SACR 659 (GJ) (1 May 2020)
The court held that the applicant failed to demonstrate sufficient urgency to justify hearing the matter in the Urgent Court. The applicant is detained in terms of a law of general application, and previous bail applications and appeals have been unsuccessful. The court found that the applicant has an alternative remedy available, as he may bring a new bail application in the Magistrate's Court based on new facts, including the Covid-19 pandemic and prison riots. The Disaster Management Act regulations do not preclude such an application if substantial injustice would result from delay. Accor…
Source excerpt
- Urgent Application
- Covid19 Regulations
- Detention Pending Extradition
- Bill Of Rights Limitation