GEORGE NEWS - Following the recent release of a murder accused on R500 bail in Thembalethu and the upset that followed after the victim's sister posted her dismay on Facebook, George Herald asked the National Prosecuting Authority (NPA) what factors determine whether bail is granted and how the rand value of bail is set.
It is alleged that Yanga Gulwa was stabbed by Sifundo Tom on 26 August during an argument about cigarettes. Gulwa was stabbed in the chest and later died in hospital. The accused was arrested and appeared in the George Magistrate's Court, where he was released on R500 bail.
The murder victim's sister, Eden FM journalist Snazo Gulwa expressed her shock on Facebook: "So the guy that is accused of killing my brother 4 weekends ago is out on R500 bail, this... this kills me inside."
Many people commented on her post, expressing their disappointment in the justice system and asking why the NPA does not treat all cases of murder as serious offences. The general agreement is that the suspect should remain in custody until a verdict has been reached.
NPA responds
Eric Ntabazalila, NPA regional communications manager, said there are different circumstances that lead to the granting of bail.
The following questions need to be asked to determine as to why Tom was released on bail:
• Did the investigating officer and the prosecutor oppose bail?
• Were they overruled by the presiding officer?
• If they didn't oppose bail, what are the reasons?
About the circumstances surrounding the granting of bail in this case, Natabazalila said, "Please note that this was a Schedule 5 bail application and the defence handed in an affidavit from the accused. The state did not oppose the release of the accused. No bail conditions were attached to the release of the accused except for the general condition that he should appear in court on the set date. The matter was postponed until 27 November for further investigation."
What is Schedule 5?
Schedule 5 offences are some of the most serious crimes, including murder, attempted murder, rape, drug-related crimes, corruption, extortion, fraud, forgery or theft to the value of R500 000, the illegal dealing or smuggling of firearms, and assault on a child under the age of 16. In a bail application for a Schedule 5 offence, the accused has to cite evidence to satisfy the court that the interest of justice permits his release. The court hearing a bail application for a Schedule 5 or 6 offence must conduct a careful enquiry before deciding to release the accused on bail.
The court may:
•Postpone the bail application for no longer than 7 days;
•Obtain further information that is needed in order to make a decision regarding bail; or
•Require the prosecutor to place on record the reasons for not opposing the application.
The accused or his/her legal representative is compelled to inform the court whether the accused has been convicted previously of any criminal offence or whether s/he is currently out on bail in respect of any other alleged criminal offence.
Under what circumstances can bail be denied?
• If there is a chance that the release of the accused will endanger the safety of the public or any particular person;
• If there is a chance that the accused will avoid his/her trial;
• If there is a chance that the accused will attempt to influence or intimidate witnesses, or cover and/or destroy evidence;
• If there is a chance that the accused will undermine or endanger the functioning of the justice system including the bail system; or
• If there is a chance that the accused will disturb public order or undermine public peace and security.
It is also important to note that each and every case differ. Circumstances are not always the same. To learn more about bail conditions and applications, read the Criminal Procedure Act of 51 1977, chapter 9.
ARTICLE: ZOLANI SINXO, GEORGE HERALD JOURNALIST | IDINGA EDITOR
'We bring you the latest George, Garden Route news'
