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Criminal procedure — bail — Ministerial certificate prohibiting bail — whether Minister bound by audi alteram partem rule before issuing D certificate — costs — criminal matter — application to set aside Ministerial certificate.
When issuing a certificate in terms of s 106(2)(b) of the Criminal Procedure and Evidence Act [Chapter 59] (which has the effect of preventing an accused person from being released on bail), the Minister of Home E Affairs is not obliged to observe the requirements of the audi alteram partem rule and give the accused person the opportunity of making representations.
An application to the High Court to set aside a Ministerial certificate granting bail is a criminal matter and no order of costs may be made. *
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