What factors are taken into account by the Court when considering a formal bail application?
The granting of bail is in the nature of a contract in terms of which the state commits itself to the accused’s continued interim freedom once the court has authorised his release, while the accused commits himself to stand trial. It is apparent that the contracting parties are the state and the accused, although the […]
Recusal of judges: When can a judge recuse him or herself?
The doctrine of recusal has recently been placed in the spotlight after former president Jacob Zuma brought such an application at the Commission for Enquiry into State Capture, chaired by Deputy Chief Justice Raymond Zondo. The recusal of a judge is a serious matter and should not be considered lightly. This article will briefly consider the origin and constitutional basis […]