The 1st Respondent, Robert Allan Bonnel, a South African national, was arrested in Gwanda on 13 January 2011 and faced two charges: (1) contravening Section 33(2)(b) of the Criminal Law Code, Chapter 9:23, and (2) contravening Section 36(1)(b) of the Immigration Act, Chapter 4:02. He was arraigned before a magistrate on 17 January 2011 and remanded in custody. On 26 January 2011, he applied for bail pending trial. In respect of the first charge, no prosecution could proceed without the Attorney General's authority under Section 34 of the Criminal Law Code, and the AG's office indicated it would take several months to consider the matter. Regarding the second charge, the Immigration Department had already fined the 1st Respondent for overstaying and extended his stay by 30 days, meaning he was now legally in the country. The magistrate granted bail, reasoning that it made no sense to keep the accused in custody pending the AG's decision which could take months and might result in no prosecution. The state opposed bail solely on the ground that the accused was a foreigner who might abscond, but provided no evidence to support this claim. The Attorney General appealed the magistrate's decision to grant bail.