In South Africa, you may appeal a decision to refuse you bail and a bail decision that imposes particularly onerous conditions on you. This must be made on the basis of the same facts as the original application.
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This webpage by the South African government provides information for beginners on what bail is and how to apply for it. It’s a good place to start your research if you’re in South Africa.
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The article analyses and presents a critical review of the bail regime in South Africa.
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A Ghanaian citizen was arrested in 1985 for allegedly cooperating with political dissidents and was detained without trial for 7 years until he escaped from a prison hospital. The ACommHPR held that Article 6 of the African Charter was violated as the complainant had been arrested but was not charged with any offence and never […]
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The ACmHPR found that holding journalists in custody for 3 years without charges amounted to a clear arbitrary detention and grave violation of the right to liberty in Article 6 of the African Charter of Human and Peoples Rights.
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Article 35 outlines states that someone can be detained: When they been sentenced by a court after they’ve been found guilty; For the purpose of bringing him before a court because of a court order or where there is reasonable suspicion the person has committed a criminal offence; If detention is reasonably necessary to prevent a […]
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This pamphlet provides a brief overview on the issue of bail in Nigeria. It’s a useful starting point for readers in Nigeria.
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The claimants were displaced persons whose refugee camp was raided by police who rounded up and arrested the people in the camp. None of the claimants were informed of the reason for their arrest, were granted a lawyer and they were held without charge for 12 months. The ACmHPR held that this amounted to a […]
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This academic article outlines the judicial review process in South Africa.
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In this case, the court ruled that it has the power to review the work of the senate and any other organ of government. This is particularly important where laws created by the senate are being challenged.
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