Georgiev v S (Appeal) (CA&R 226/2024)
Georgiev v S (Appeal) (CA&R 226/2024) [2024] ZAECMKHC 149 (30 December 2024)
The magistrate erred by applying the legal test for bail pending appeal after conviction and sentence, rather than the correct framework under the Extradition Act. Prospects of success in the appeal are not a prerequisite for bail under section 13(3) of the Act; the interests of justice are paramount. The appellant's compliance with previous bail conditions, his ties to South Africa, and the absence of evidence that he would abscond support the conclusion that he is not a flight risk. The State's reliance on previous conduct was not properly put to the appellant in cross-examination, and the…
Source excerpt
- Extradition Act Section 13
- Bail Pending Extradition
- Flight Risk
- Judicial Discretion
- Constitutional Rights