To bail or not
The concept of bail remains a mystery to many Namibians, Chief Justice Peter Shivute said at a workshop for magistrates.
Dozens of magistrates attended a workshop in Windhoek on Friday to fine-tune an understanding of the legal principles governing the granting of bail.
A public outcry against the granting of bail in high-profile cases, such as the recent controversial Western Bypass robbery case, highlighted again that the concept of bail remained a mystery to many Namibians, Chief Justice Peter Shivute said when he opened the conference.
While the suspect, Frabianus Endjala, 32, was hijacking a car on the Western Bypass with several accomplices in early August, he was supposed to be in court in another robbery case. The magistrate in that case withdrew his N$2 000 bail and issued a warrant for his arrest.
Following his arrest in the tourist hijacking case, Endjala was granted bail of N$5 000 by the Katutura Magistrate's Court and a public outcry ensued.
The police at the time said that their “must have been a miscommunication for the accused to secure bail.”
The minister of environment and tourism, Pohamba Shifeta, publicly called for a review of the granting of bail by Namibian courts.
“Of late very strong views have been expressed from different quarters through the electronic, print and social media, raising dissatisfaction and grave concerns with the manner in which we as judicial officers handle bail matters,” Shivute said on Friday.
He said some of these concerns were based on misunderstanding of how the bail system works.
“I cannot emphasise enough that it is essential that magistrates must have a thorough knowledge and understanding of all the legal principles and considerations involved in a bail application.”
High Court Judge Christie Liebenberg led the workshop.
Not a punishment
Both Shivute and Liebenberg emphasised that by law a person is innocent until proven guilty and that bail is not a tool to punish an accused.
Liebenberg further emphasised that bail is an urgent matter, and that magistrates, the police and the lawyers have a duty to ensure that bail applications are promptly heard.
“Judging from the reaction in certain sectors of society when bail is granted to an accused arraigned on one or more counts involving serious offences, the granting of bail and the bail amount posted is often equated with punishment,” Chief Justice Shivute said.
“Sight is often lost of the basic purposes of bail, namely that where it is not necessary to keep the accused detained pending finalisation of his or her case, he or she may be released on bail.”
Shivute added that the responsibility of the courts is not only to protect the rights of the accused but also to ensure that the rights of the victim are safeguarded and that public trust in the judicial system is maintained.
“I implore you to be up to date with legislative developments, as well as with judicial precedents, on matters concerning bail.
“The court has to balance individual liberties of the accused against the interests of the victim, the effectiveness of the administration of justice and the safety of the wider public.”
Shivute said releasing accused persons on bail is “essentially taking a calculated risk” and often stringent conditions are attached to ensure that the accused return to court.
JANA-MARI SMITH
A public outcry against the granting of bail in high-profile cases, such as the recent controversial Western Bypass robbery case, highlighted again that the concept of bail remained a mystery to many Namibians, Chief Justice Peter Shivute said when he opened the conference.
While the suspect, Frabianus Endjala, 32, was hijacking a car on the Western Bypass with several accomplices in early August, he was supposed to be in court in another robbery case. The magistrate in that case withdrew his N$2 000 bail and issued a warrant for his arrest.
Following his arrest in the tourist hijacking case, Endjala was granted bail of N$5 000 by the Katutura Magistrate's Court and a public outcry ensued.
The police at the time said that their “must have been a miscommunication for the accused to secure bail.”
The minister of environment and tourism, Pohamba Shifeta, publicly called for a review of the granting of bail by Namibian courts.
“Of late very strong views have been expressed from different quarters through the electronic, print and social media, raising dissatisfaction and grave concerns with the manner in which we as judicial officers handle bail matters,” Shivute said on Friday.
He said some of these concerns were based on misunderstanding of how the bail system works.
“I cannot emphasise enough that it is essential that magistrates must have a thorough knowledge and understanding of all the legal principles and considerations involved in a bail application.”
High Court Judge Christie Liebenberg led the workshop.
Not a punishment
Both Shivute and Liebenberg emphasised that by law a person is innocent until proven guilty and that bail is not a tool to punish an accused.
Liebenberg further emphasised that bail is an urgent matter, and that magistrates, the police and the lawyers have a duty to ensure that bail applications are promptly heard.
“Judging from the reaction in certain sectors of society when bail is granted to an accused arraigned on one or more counts involving serious offences, the granting of bail and the bail amount posted is often equated with punishment,” Chief Justice Shivute said.
“Sight is often lost of the basic purposes of bail, namely that where it is not necessary to keep the accused detained pending finalisation of his or her case, he or she may be released on bail.”
Shivute added that the responsibility of the courts is not only to protect the rights of the accused but also to ensure that the rights of the victim are safeguarded and that public trust in the judicial system is maintained.
“I implore you to be up to date with legislative developments, as well as with judicial precedents, on matters concerning bail.
“The court has to balance individual liberties of the accused against the interests of the victim, the effectiveness of the administration of justice and the safety of the wider public.”
Shivute said releasing accused persons on bail is “essentially taking a calculated risk” and often stringent conditions are attached to ensure that the accused return to court.
JANA-MARI SMITH
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