How do courts determine bail?

Legal expert, Ulrich Roux explains how courts determine a bail amount and the legal processes around domestic assault.

DURBAN - Mandla 'Mampintsha' Maphumulo was granted bail at R2,000 after being accused of physically assaulting his musician girlfriend Bongekile Simelane (Babes Wodumo).

Maphumulo has since laid a counter-charge of assault against Simelane.

UPDATE: Mampintsha granted R2,000 bail

Legal expert Ulrich Roux explained how courts determine eligibility for bail.

If a person has been accused of a crime, no matter how serious, if the person is not presumed to be flight risk, there is no reasonable foreseeability that they will commit another crime while on bail and there are no exceptional circumstances to bring the community up in arms if they are released they are eligible for bail, according to Roux.

Roux explained, "the amount set of bail that is attached to someone's release on bail is not indicative of whether it's a very strong case or whether the charge is a very serious one. It's purely in order to secure a person's return to the courthouse in order to see the finality of the matter."

UPDATE: Mampintsha granted R2,000 bail

Maphumulo has laid a counter-charge against Babes Wodumo following the live assault video on Instagram. 

Mamphulo's lawyer says he was acting in self-defence.

Roux stated that should this claim prove false, Maphumulo would face additional perjury charges.

Each of the domestic violence charges must be adjudicated on their own merits, Roux said.

Maphumulo would need to present evidence to the court to prove his claim like a doctor's report, a witness account or J88 form (a legal document completed by a medical doctor or registered nurse, documenting injuries sustained by the victim in any circumstance where a legal investigation is to follow).


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