S v Nqumashe (CA&R 35/01)
S v Nqumashe (CA&R 35/01) [2001] ZANCHC 8; [2001] 4 All SA 471 (NC); 2001 (2) SACR 310 (NC) (11 May 2001)
The court held that an order revoking bail under section 68 of the Criminal Procedure Act is appealable and that the right of appeal is automatic. The revocation of bail, like the refusal of bail, results in the deprivation of liberty and should be subject to the same principles. The court found that the State had discharged its burden of proof on a balance of probabilities, presenting credible evidence through Captain Lourens, who acted promptly and seriously upon receiving information from an informer about a plot to murder a key witness. The appellant's denials and explanations were found…
Source excerpt
- Bail Revocation
- Appealability Of Bail Orders
- Burden Of Proof
- Hearsay Evidence In Bail
- Public Policy Informers