Lobel and Another v Claassen, NO

• Jurisdiction: South Africa
• Citation: 1956 (1) SA 531 (W)

Lobel and Another v Claassen, NO
1956 (1) SA 531 (W)

1956 (1) SA p531

Citation	1956 (1) SA 531 (W)
Court	Witwatersrand Local Division
Judge	Ramsbottom J
Heard	December 23, 1955
Judgment	December 23, 1955

Flynote : Sleutelwoorde

Criminal procedure — Bail — Refusal of — Facts to be taken D into consideration — Length accused will be detained.

Headnote : Kopnota

An important consideration in applications for bail by persons who have been arrested pending a preparatory examination is the period during which it is proposed to detain them. The Crown ought not to be allowed to detain people for long periods, while investigations are continuing. E

Case Information

Application for bail. The facts appear from the reasons for judgment.

W. Oshry, Q.C., (with him F. Zwarenstein) for the applicants: As to the test whether bail should be granted see Ex parte Chetty, 1933 W.L.D. 319; R v Omar, 1930 CPD 79; Konig v The Attorney-General, 1915 F T.P.D. at p. 224; R v Fourie, 1947 (2) SA 574 (O); R v Cicora, 1943 E.D.L. 74; Leibman v The Attorney-General, 1950 (1) SA 607 (W); The Crown should not keep accused in custody indefinitely.

P. Yutar, for the respondent: There is a danger that if the accused were released the ends of justice would be defeated. See Maserow v The G Attorney-General, 1941 W.L.D. 43; R v Gregoriou, 1953 (1) SA 479 (T); Sandig v The Attorney-General, 1936 (1) P.H. H. 83 (T). It is not intended to detain the accused in custody beyond 10th January.

Oshry, Q.C., in reply.

Judgment

Ramsbottom, J.:

The two applicants have been arrested and a preparatory H examination has been opened against them. Meanwhile they have been remanded in custody until January the 10th. They applied to the magistrate for bail and the application was refused; they have now applied to this Court.

The section of the Criminal Code under which the application to the magistrate was made is sec. 87 (1) which reads:

1956 (1) SA p532

Ramsbottom J

'No accused against whom a preparatory examination has been instituted shall before the issue of the warrant for his committal for trial or sentence be entitled to be released on bail: Provided that the magistrate may in his discretion, except where the offence is treason or murder, release the accused on bail before the preparatory examination is concluded'.

A That means that a person who has been arrested is not entitled to be released on bail until after the preparatory examination has been concluded and if he wishes to be released he must make application and the question of whether he should be released or not is then taken into consideration. That is the law as laid down by the Act. Sec. 98 provides that

B 'A superior court having jurisdiction in respect of any offence may at any stage of any proceedings...