Johannesburg - In what raises questions about how courts handle criminal cases involving foreigners, a magistrate has been found to have allowed her frustrations over the nationality of an accused man to influence her no-bail ruling.
Du Tait had ruled that Samba, a resident of Springs in Gauteng, should not be granted bail on the grounds of being a flight risk because he was originally from Mozambique.“First of all, he is from Springs. Furthermore, he is originally from Mozambique. It is general knowledge that our borders are not guarded well,” Du Tait said.
“That the appellant may leave the country without a passport is merely a possibility, but that was not shown to be a real likelihood or probability.” Du Tait also told Samba he should have been deported to Mozambique following his two previous convictions. “She seems not to have taken it into account that Samba was in the country legally and that he held a valid South African identity document.
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