Die aard van borgverrigtinge met spesifieke verwysing na die toepassing van die reels van die bewysreg op sodanige verrigtinge

[摘要] ENGLISH ABSTRACT:When evaluating a bail application, the court must take into consideration the interestsof the accused against those of the community. The main goal of this assessment is to find abalance between said interests. While an application for bail is made at a stage where guilthas not been proven, it is of extreme importance that the court must not infringe on thefundamental rights of the accused which include the right to personal freedom and thepresumption of innocence.In order to protect the rights of the bail applicant within the proper functioning of thelegal system, it is important to determine the nature of bail proceedings. As shown in thisthesis, bail proceedings are sui gelleris in nature, which means that a separate set of rules ofthe law of evidence is applicable to these proceedings. The object of this thesis is to identifythe rules of law of evidence applicable to bail proceedings as well as to clarify the deviationfrom the normal rules of evidence which apply to the trial of the accused.In chapter one the purpose and nature of bail proceedings as well as the characteristicsof accusatorial and inquisitorial systems, are discussed. Problem areas within the SouthAfrican legal system with regards to bail applications are also highlighted in this chapter.In chapter two the application of the primary rules of the law of evidence with regardsto bail proceedings are investigated as well as the admissibility of evidence pertaining to priorconvictions of the applicant, opinion evidence and character evidence. In chapter three theadmissibility of hearsay evidence at bail proceedings is discussed. The constitutionality ofthe privilege pertaining to the police docket is dealt with in chapter four. Chapter five dealswith the infom1er's privilege. The requirements that have to be met in order to qualify forprotection under the said privilege, are examined.Chapter six focuses on the privilege against self-incrimination and the manner Inwhich it is applied in bail proceedings. The provisions of s 60(11B)(c) of the CriminalProcedure Act and the role of the presiding officer are also discussed in this chapter.Chapter seven focuses on the burden of proof in bail applications. Chapter eightcontains a summary and recommendations.

[发布机构] Stellenbosch University