Expidited bail hearings prioritised during lockdown
Accused in some bestiality, assault with the intent to commit grievous bodily harm and arson cases must be released once their bail is fixed.
The bail fixing and subsequent release of alleged robbers, culpable homicide accused and those accused of assault and criminal conspiracy will be prioritised.
This is according to the Department of Justice’s level 4 lockdown regulations that were published on May 3.
The gazetted regulations state: “Directors of Public Prosecutions must, subject to any directive that the National Director may give, issue such Directives as may be necessary to facilitate and expedite the fixing of bail by prosecutors as permitted in terms of section 59A(a) of the Criminal Procedure Act, 1977.
The list of Schedule 7 offences includes bestiality, assault with the intent to commit grievous bodily harm and arson.
Schedule 7 crimes also include the following:
It appears from the regulations that the bail consideration processes will entail thorough consultations with the police and attorney-general.
In a press release issued by Ministerial spokesperson Chrispin Phiri, other priorities are listed. It states that “among others, trials relating to corruption, sexual offences, gender-based violence and femicide (GBVF), serious violent crimes, robbery, murder and violation of Covid-19 regulations will be prioritised.”
He also indicated that matters where children are detained in child and youth care centres, as well as correctional centres must be brought before the court for consideration of continued detention.
“Among others, child and spousal maintenance proceedings, protection orders in terms of the Domestic Violence Act (1998) or the Protection from Harassment Act (2011), foster care applications and hearings, matters in respect of the care and contact of children, international child abduction cases and adoption applications and hearings, will be heard,” the statement read.
The provision of legal aid by the department’s Legal Aid South Africa is limited to telephonic advice services.
The call centre number is 0800 110 110.
Also read: Lockdown Level 4 Regulations and how our courts will operate
