Courts can give lower bail

If motorists caught driving under the influence are unable to pay the new N$8 000 police bail before their first court appearance, they can later argue their case before court for a lower amount. The office of the chief magistrate yesterday said it had nothing to do with a police directive that increased bail amounts for all offences under the Road Traffic and Transport Act and accompanying regulations, specifically drunk driving. Police chief Sebastian Ndeitunga last week announced that drunk-driving suspects must pay N$8 000 to be released on police bail before their first court appearance. The bail amount for foreign visitors is N$9 000. The directive came into effect this month.Chief Magistrate Philanda Christiaan said in a media release the reason for the magistracy's recusal from such discussions was based on the doctrine of separation of powers and the independence of the judiciary.“The magistracy is not involved in the granting of bail at police stations prior to the first appearance of the accused and therefore the magistracy could not participate in the request from the Namibian police to have a set amount for bail,” said Christiaan. According to Christiaan, Section 59 (1) (a) of the Criminal Procedure Act of 1977 deals with the granting of bail by the police before a suspect's first court appearance.Section 60 of the Act stipulates that an accused may apply for bail upon his or her first appearance before any lower court. The State has an opportunity to oppose such an application. The magistrate then decides whether bail can be granted and sets the amount.“The court grants bail when, in the course of such an application, the court has satisfied itself that the attendance of the accused at trial is secured,” Christiaan explained.“There are many other factors taken into account during such a bail hearing, but the court cannot, prior to an accused person appearing before court and without hearing arguments by or on behalf of the accused and the State, make a determination for the granting of bail and such amounts as may be determined during the initial hearing,” said Christiaan. ELLANIE SMIT

Courts can give lower bail

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Namibian Sun 2025-04-04

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Courts can give lower bail

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Namibian Sun 2025-04-04

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