Refilwe* is a single mother of two young children. She supports herself her family by doing piecemeal work as a domestic worker in Johannesburg.
Section 60 of the Criminal Procedure Act governs how bail should be applied to persons accused of committing a crime. It mandates judges and magistrates to perform an analysis of the risk associated with releasing an accused person on bail, including the risk that an accused person will not return to court to stand trial and the likelihood of the accused person committing a further offence.
Refilwe’s case is a good example. Represented by the Centre for Applied Legal Studies, she has appeared in the Palm Ridge Magistrates Court for two bail applications. Despite two days’ worth of argument explaining how the law was on her side, Refilwe was denied bail.
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