Bail proceedings in the Criminal Procedure Act 2004

Abstract

Abstract provided by author

The criminal justice system has always played in important role in society. Therefore any alteration of it would influence society as a whole especially those that come into contact with the law more often. Currently the Criminal Procedure Act no. 55 of 1977 regulates the bail procedures in Namibia, this will however change with the coming into operation of the Criminal Procedure Act no. 25 of 2004. The protection of fundamental human rights as enshrined in the Constitution

The 2004 Act, brings about a number of changes that greatly influence the position of both the accused and the victim. The accused is at times deprived of his liberty where it would be in the interests of justice to do so. The interests of justice has been said to mean balancing the interest of the State to secure law and order and the right to the liberty of the accused. The question however remains whether the new Act would does balance these interests

The research done illustrates that the new Act which is similar to the current law regarding bail in South Africa, has been found constitutional by the South African Constitutional Court. The Namibian courts could decide to follow their example or found the provisions unconstitutional. However, past case law and research has shown that our courts are more likely to reject the South African approach, as it will interpret the provisions in light of the spirit and tenor of our Constitution and try to limit any infringement on the rights of the accused

It is hoped that this dissertation will be of interest to all persons including those outside the law.