PRETORIA - Community activists and complainants feel that allowing bail appeals is a slap in the face of victims and their families.
They feel this is especially true in cases where it appears clear an accused is guilty; in gender-based violence matters, for example.
One expert cautions that the law is objective, and takes the emotions out of cases.
The Lekganyanes are one family grappling with the meaning of justice.
Cecil Kekana, the man accused of killing his wife, Dorcas Didi Lekganyane, in July 2024, is appealing a magistrate’s court decision to deny him bail.
Family spokesperson Dr Robet Lekganyane said, “That is quite a painful exercise, experience for us. You’ll remember that he himself initially abandoned bail and then later on, decided to come for bail, and then he was denied, and then suddenly he wants to appeal.”
This is just one case where accused have applied to overturn bail decisions.
Earlier this month, alleged cartel member Katiso Molefe had a lower court decision overturned.
Another alleged crime kingpin, Vusimuzi Cat Matlala’s appeal will be heard on Monday.
Murder-accused, Bafana Mahungela, has taken a shot at freedom at least three times.
A legal expert says all accused have the right to appeal any ruling against them.
Legal expert Nthabiseng Dubazana adds that the law considers facts not emotions.
But community activists and family members are calling for a law that’s more in tune with circumstances.
Lekganyane said, “Consideration has to be made to the gravity of the offences that are committed. The manner in which Didi was murdered was gruesome, and the charge itself, he’s charged with pre-meditated murder, my goodness, so it’s something that I think our system should try and focus on.”
Not In My Name International's Themba Masango said, “In deed, you are innocent until proven guilty, but with cases with clear cut crimes and cases of femicide, and GBV, where everyone knows Mr X is the one who killed his girlfriend, or this one killed the family or raped the child and so on, we shouldn’t even discussing issues such as bail."
"That’s where we’ve been saying for years that the South African legal system is very much perpetrator-centric rather than caring and wondering about the victims."
Section 35 of the Constitution deals with the rights of arrested, detained, and accused persons; a response to the apartheid past.
Dubazana said, “The reason Section 35 exists is because of where we come from as a country. In the past, when it came to criminal matters, black people were not even given an opportunity to even try and state their case. So, in a situation wherein you have to be given an opportunity to be heard, and because of that, you have to be given an opportunity for your freedom to be considered.”
Dubazana adds that the requirements to be met for bail are less stringent than those in a trial court.