Article by Kotie Geldenhuys with legal input from Brig (ret) Dirk Lambrechts
Photo courtesy of Pix4Free
In the heart of South Africa’s legal system, the issue of bail, like parole, sparks intense debate. Many believe that once a person has been arrested, they should remain behind bars until their trial commences, a sentiment that extends far beyond South Africa’s borders. Others feel that bail serves as a crucial lifeline, allowing the accused to await trial outside a cell in a correctional centre, provided they do not threaten society, especially victims or witnesses or the integrity of the judicial process. The rules are clear: obey the law, attend all court proceedings and avoid criminal activity. Yet, for some, temptation proves stronger than the conditions set for their freedom. When bail conditions are violated, the system’s ability to balance justice and fairness is called into question.
In the heart of South Africa’s justice system, bail remains a fundamental principle, ensuring that people are treated as innocent until proven guilty. The concept of bail is not unique to South Africa but is a cornerstone of justice systems across the world. When a person is accused of a crime, keeping them detained prior to their trial has serious legal, practical and human rights implications, not only for the accused but also for their family and society. That is why many accused persons are granted bail, allowing them temporary freedom under specific conditions.
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[This is only an extract of an article that is published in Servamus: April 2025. This article is available for purchase.]