The South African Law Reform Commission (SALRC) has released a discussion paper advocating for victims to have greater empowerment when an accused person applies for bail, proposing several reforms to the country’s bail system under the Criminal Procedure Act (CPA). These amendments would impact both the accused and the victims in criminal cases.
The University of the Western Cape’s (UWC) Prof Debbie Collier-Reed is a member of the SALRC, and UWC’s Prof Lukas Muntingh is part of the Advisory Committee to the Commission. Prof Muntingh said: “This is an opportunity for researchers and experts to voice their views on the proposals from the Commission.” The deadline for submission is 31 March 2025. Comments can be sent via email to CPAreform@justice.gov.za and fmdumbe@justice.gov.za.
The current bail regime lacks provisions that specifically protect the rights of victims of crimes, and there’s a need for the statutory recognition of victims’ rights in bail proceedings.
Image by KATRIN BOLOVTSOVA. Pexels
The Criminal and Related Matters Amendment Act of 2021 now includes measures to protect victims, such as denying bail where the victim's safety would be compromised and barring the accused from communicating with state witnesses; but the SALRC has proposed even more stringent measures.
The proposals aim to improve the participatory rights of victims (complainants and witnesses) in the criminal justice system and bail proceedings. This includes informing victims of bail applications and allowing them the opportunity to participate if they choose to do so.
Currently, it's common practice for victims to request bail information proactively, but one proposal is that authorities provide relevant information to victims, complainants and witnesses without requiring them to request it.
Overall, the SALRC recommends that a separate chapter be included in the CPA or any new legislation - to stipulate the rights of all victims of crime in the criminal justice system.
Some recommendations would affect an accused in a criminal matter. One such recommendation is for custody time limits to reduce lengthy remand detention and ensure timely trials. There is also a call to amend the law to allow for property to be pledged as security for bail and to recognise indigence as a basis for varying bail conditions.
One recommendation that affects both the accused and the victim is to expand the powers of police officials to grant bail and impose conditions.
Thumbnail Image: Katrin Bolotsova on Pexels
The University of the Western Cape’s (UWC) Prof Debbie Collier-Reed is a member of the SALRC, and UWC’s Prof Lukas Muntingh is part of the Advisory Committee to the Commission. Prof Muntingh said: “This is an opportunity for researchers and experts to voice their views on the proposals from the Commission.” The deadline for submission is 31 March 2025. Comments can be sent via email to CPAreform@justice.gov.za and fmdumbe@justice.gov.za.
The current bail regime lacks provisions that specifically protect the rights of victims of crimes, and there’s a need for the statutory recognition of victims’ rights in bail proceedings.
Image by KATRIN BOLOVTSOVA. PexelsThe proposals aim to improve the participatory rights of victims (complainants and witnesses) in the criminal justice system and bail proceedings. This includes informing victims of bail applications and allowing them the opportunity to participate if they choose to do so.
Currently, it's common practice for victims to request bail information proactively, but one proposal is that authorities provide relevant information to victims, complainants and witnesses without requiring them to request it.
Overall, the SALRC recommends that a separate chapter be included in the CPA or any new legislation - to stipulate the rights of all victims of crime in the criminal justice system.
Some recommendations would affect an accused in a criminal matter. One such recommendation is for custody time limits to reduce lengthy remand detention and ensure timely trials. There is also a call to amend the law to allow for property to be pledged as security for bail and to recognise indigence as a basis for varying bail conditions.
One recommendation that affects both the accused and the victim is to expand the powers of police officials to grant bail and impose conditions.
Thumbnail Image: Katrin Bolotsova on Pexels
