Article: Malema released on bail

Paul Hjul said:
"Police bail" (s59) but at 5k I suspect it was bail by a prosecutor (s59A)

moreover magistrates can be woken up at 3am and nothing in the statutes would preclude his lawyers from threatening to (and going ahead with) bringing out of hours proceedings to the courts if SAPS persist in an idiotic detention.
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I guess this is good to know then.
 
Paul Hjul said:
to quote my little brother:
"thats ****ing high and a ****ing double standard"

the primary purpose of bail is to ensure the attendance of the accused, it is inconceivable that Malema is a genuine risk of non-appearance. This sort of bull**** is just playing into Juju's hand. R5000 bail for speeding on the same night as a white celebrity gets R500 bail is simply unacceptable.
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Isn't bail discretionary? It's not like it was the same magistrate.
 
sjm said:
215 in a 120 zone (179% of limit) vs 165 in an 80 zone (206% of limit) .
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May well be, however, many small towns will try and dop you down to 80 in a zone that is still fine for 120 - Bronkhorstspruit is one of them - Newcastle is another where the limit drops without any reason apparent to the driver.

Both speeds are ridiculous, and both drivers should get nailed, however.
 
it wouldn't have been a magistrate at all. In Hofmeyer's case the police handled it - standard practice really. Juju we don't actually know but I suspect it was a prosecutor rather than the police based on the amount.

I suspect that Juju will get the amount reduced at court.
 
I cant wait for the statement from Malema: "These charges against me are politically motivated!!! The SAPS must prove that the speedtrap gun was calibrated correctly"
 
Paul Hjul said:
it wouldn't have been a magistrate at all. In Hofmeyer's case the police handled it - standard practice really. Juju we don't actually know but I suspect it was a prosecutor rather than the police based on the amount.

I suspect that Juju will get the amount reduced at court.
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Fair enough. It's still discretionary isn't it? And still not the same person setting bail. I must admit when I first read it I thought 5k was a bit hectic but, do you think Malema was polite and cooperative?
 
O I don't think Malema wasn't cooperative at all - and there is a remote possibility that the amount is "staged", namely that his attorney suggested the amount and had the money ready to put down to create a conspiracy card to play politically.

It very much is discretionary and in many respects I can sympathize with a police officer or prosecutor just flobbing out an irrational amount - and frankly at the wrong time I would probably do exactly the same thing, but it isn't "rational" in the jurisprudence of our Constitutional Court.
 
Paul Hjul said:
O I don't think Malema wasn't cooperative at all - and there is a remote possibility that the amount is "staged", namely that his attorney suggested the amount and had the money ready to put down to create a conspiracy card to play politically.
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That sounds like tinfoil hat stuff - why would he do that when he is clearly in the wrong?
 
Notice how the DA is not commenting.

Had it been someone from the DA, the ANC or EFF would have been calling for them to "resign" IMO.
 
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R13... said:
That sounds like tinfoil hat stuff - why would he do that when he is clearly in the wrong?
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I think you missing the idea here:

Malema speeds - I am quite sure this is not a one time thing - and knows that he'll be pulled over. On being pulled over he might be able to tell traffic or the cops to f-off or they'll arrest him. So he has 5k or 10k or even 15k sitting on standby for when he gets arrested for something "trivial". Last night he got arrested and placed his call to his attorney who arrives with the money that is on standby and makes the bail request. The next day they cry persecution on the high amount. That another celebrity was arrested on the same night is fortuitous.
 
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