The first respondent, Nqobani Ndlovu, was charged with contravening Section 31(b)(ii)(c) of the Criminal Law Code (publishing or communicating false statements prejudicial to the state) and alternatively with criminal defamation under Section 96(i)(a) and (b) of the Criminal Law Code. The charges arose from an article he published in the Standard Newspaper on 14 November 2010 alleging that police had cancelled promotional examinations to allow retired officers and war veterans to take up posts in the police force. He appeared before a magistrate on initial remand and applied for bail, which was opposed by the state. The state's opposition was based on fears of abscondment given the seriousness of the offence, and claimed difficulty in arresting the respondent as he was absent from his workplace. However, it was conceded that the respondent had voluntarily surrendered himself to police in the company of his lawyer when he heard police were looking for him. The magistrate granted bail on conditions including a US$100 deposit, residence at a specified address, and non-interference with witnesses. The Attorney General appealed this bail ruling.