Fikeni v S (A80/19)
Fikeni v S (A80/19) [2019] ZAGPJHC 249 (25 June 2019)
The court held that the refusal of bail was justified, interpreting the right to bail through the lens of constitutional obligations to protect women as a vulnerable group. The judge found, on a balance of probabilities, that the appellant posed a threat to the complainant, supported by affidavits, photographs, and message evidence. The court emphasized the imperative to protect women under both the Constitution and international law, specifically referencing Carmichele and CEDAW. The appellant's personal circumstances were considered but found insubstantial compared to the risks identified.…
Source excerpt
- Bail Application
- Section 60 Criminal Procedure Act
- Gender Based Violence
- Constitutional Rights
- Fair Discrimination