Bail rules set to change

2008-06-18 21:34

Cape Town - Draft legislation introducing significant changes to bail applications, among other things, was tabled in Parliament on Thursday.

The Judicial Matters Amendment Bill is a so-called "omnibus" bill, which seeks to amend numerous provisions in various Acts which do not require individual amendment Acts.

The majority of the amendments contained in the bill are of a technical and non-contentious nature.

One of the more substantial amendments is intended to address the problem of the huge number of awaiting-trial prisoners, a primary cause of prison overcrowding.

According to a memorandum attached to the bill, many of those awaiting trial have been granted bail, but are still in detention because they cannot afford to pay it.

It has been argued that if a court comes to the conclusion that an accused person can be released on bail because it is satisfied the interests of justice, the court should then try to facilitate such release on bail.

To this end, it should hold a separate inquiry to determine the ability of the accused person to pay the sum of money the court intends setting for bail or, in the event of the accused not being able to afford that sum, to consider alternative conditions for release on bail.

Clause nine of the bill seeks to "build in" such an inquiry.

Another amendment of note, inserts a new section in the Criminal Procedure Act to confer jurisdiction on South African courts to try offences committed by South African officials while on diplomatic duty abroad, who cannot be prosecuted in the foreign country due to diplomatic immunity.

It confers jurisdiction on the South African courts to try these cases if the offence committed abroad is also an offence in South Africa, and the National Director of Public Prosecutions instructs that a prosecution must be instituted.

- SAPA