Problematic aspects with regard to bail under South African law : the reverse onus provisions and the admission of the evidence of the applicant for bail at the later criminal trial revisited

Abstract

In the article I revisit the burden bestowed on an applicant for bail with regard to certain offences, and the fact that the testimony of the applicant for bail is admissible as evidence at his later criminal trial under South African law. I consider and compare the South African position with selected foreign jurisdictions and international human rights instruments. I argue that these provisions give reason for concern their own. I submit that the cumulative effect of these provisions, and especially so the exploitation thereof by the South African prosecution, is a failure of liberal democracy.