MHM Attorneys

08/03/2023

We focus on man this week and the matters affecting them in the court house.

22/02/2023

11/02/2023

Is an illegal foreigner entitled to a bail?

An Illegal foreigner is protected by the same rights as all humans in the Republic of South Africa. The Constitution of South Africa guaranties “everyone who is arrested for allegedly committing an offence has the right -¬

1. To remain silent;
2. To be informed promptly ¬of the reason for arrest.
3. To be brought before a court as soon as reasonably possible, but not later than 48 hours.
4. At the first court appearance after being arrested, to be charged or to be informed of the reason for the detention to continue, or to be released
5. To be released from detention if the interests of justice permit, subject to reasonable conditions.”

The most noteworthy right is left for last “To be released from detention if the interests of justice permit, subject to reasonable conditions”, so even persons accused of being illegal foreigners in the republic of South Africa have the right to bail.

If the foreigner arrested and accused of being in the country illegally holds a valid defence to the crime, then the court must enter bail process to determine whether the accused can be trusted to return to the court or not.