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Understanding bail in South Africa: A guide to the Criminal Procedure Act

Bail is an integral part of the South African justice system, allowing individuals accused of crimes to remain free while awaiting trial, provided they do not pose a risk to society or the judicial process. Governed by the Criminal Procedure Act, 51 of 1977, the bail process is complex, with various factors influencing the decision […]

CAN I BE PROSECUTED FOR BREAKING THE SPEED LIMIT?

Mandie is cruising along at 31 km/h over the speed limit in an attempt to keep up with the rest of the cars on the road. She thinks she is simply going with the flow of the traffic when suddenly she sees flashing lights in her rear-view mirror. Mandie does not take traffic laws seriously […]

WHEN CAN SOMEONE BE RELEASED ON BAIL?

People are often outraged when they hear of accused persons who have been released on bail. There are several factors to be considered when deciding whether someone should be let out on bail or not. Who is allowed bail? According to section 35(1)(f) of the Constitution[1] everyone who is arrested for allegedly committing an offence […]