Faquir v S (A73/2013)
Faquir v S (A73/2013) [2013] ZAGPPHC 523 (15 May 2013)
The High Court found that the Magistrate erred in refusing bail to the appellant. The refusal was based on unreliable hearsay evidence regarding alleged unlawful activities at the proposed bail address, which was not properly verified or put to the appellant or her witness for rebuttal. The Magistrate failed to make clear factual findings and did not consider imposing suitable bail conditions to mitigate any perceived risk. The appellant demonstrated sufficient ties to South Africa, willingness to surrender travel documents, and no prior convictions. The court held that the appellant's foreig…
Source excerpt
- Bail Application
- Flight Risk
- Section 60 Criminal Procedure Act
- Foreign Nationals In Criminal Proceedings
- Admissibility Of Hearsay Evidence