Role of victims in bail hearings under spotlight amid CPA repeal process
Sections regarding bail are expected to be amended by a review committee tasked with repealing the Criminal Procedure Act (CPA).
A South African court. Picture: Rejoice Ndlovu/Eyewitness News
JOHANNESBURG - The role of victims in the granting of bail will be debated by the review committee tasked with repealing the Criminal Procedure Act (CPA).
Sections regarding bail are expected to be heavily amended by the committee as the act is repealed.
The CPA is the primary piece of legislation used in criminal matters but has been rendered outdated as it dates back to 1977.
It has become a regular occurrence that once a person is arrested for whatever crime, victims and members of the community demand that they be denied bail.
However, the Justice Ministry, legal practitioners, and law lecturers have agreed that communities must be educated on bail and made to understand that it is not a punishment for the accused.
Justice Director General, Advocate Doctor Mashabane:
"Part of the proposal is that when there is a bail hearing, let the community members be involved, make a contribution so they can understand why this person is being released on bail."
But this view has been countered by some who believe this would cause secondary trauma to the victims and parliament unnecessarily lengthen bail proceedings which should be urgent in nature.
The draft bill for the new act is expected to be completed by the end of next month and dealt with by the new Parliament after elections.