Dlamini; Dladla and Others; Joubert; Schietekat v The State

The Constitutional Court heard four consolidated matters concerning challenges to various provisions of Chapter 9 of the Criminal Procedure Act 51 of 1977 regulating bail. The applicants and respondents were accused persons or the State in different cases where bail had been refused or contested. The challenges related to (a) the constitutionality of stringent bail provisions for serious offences (Schedules 5 and 6), (b) the requirement that an accused show that the interests of justice permit release (and, for Schedule 6 offences, that exceptional circumstances exist), (c) the admissibility at trial of the record of bail proceedings and statements made therein, and (d) limitations on access to the police docket for purposes of bail applications. These challenges were assessed against section 35(1)(f) of the Constitution, which guarantees the right of arrested persons to be released from detention if the interests of justice permit, subject to reasonable conditions.

The constitutional challenges were dismissed. The impugned provisions of Chapter 9 of the Criminal Procedure Act were upheld as consistent with the Constitution.

This is the leading Constitutional Court authority on bail in South African law. It clarified the meaning of section 35(1)(f) of the Constitution, confirmed the constitutionality of stringent bail provisions for serious offences, and provided authoritative guidance on how courts must balance individual liberty against the interests of justice. The judgment brought coherence and certainty to bail jurisprudence in the constitutional era.