Bail Refusal On The Basis Of Public Interest And Administration Of Justice In Namibia: A Critical Appraisal Of Section 61 Of The Criminal Procedure Amendment Act 5 Of 1991

SSA Research BORNFACE SISEHO KONGA 132 PAGES (40948 WORDS) Dissertation
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ABSTRACT

Namibia has acceded to various international and regional instruments that guarantee rights to

personal liberty and the presumption of innocence which values have been incorporated in the

Constitution. However, there is a discontent as to how this right to liberty and presumption of

innocence are curtailed in the denial of bail based on public interest and administration of

justice which terms are not defined in any act of parliament or the Namibian Constitution.

The denial of personal liberty is one of the biggest sanctions that government can impose on

an individual. However, the right to liberty should not be interpreted in isolation but in the

context of general interest of the public. This research concludes by finding that the denial of

bail based on the public interest and administration of justice is well founded but the only

shortcoming is the lack of certainty as to what constitutes public interest or administration of

justice. The research recommends that in order to provide legal certainty, the Namibian

Constitution should incorporate the right to bail just like in other jurisdictions and list grounds

upon which a person can be denied bail, as this will inform the accused as to which grounds

he or she can rely upon in challenging such a judicial decision.

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APA

SSA, R (2021). Bail Refusal On The Basis Of Public Interest And Administration Of Justice In Namibia: A Critical Appraisal Of Section 61 Of The Criminal Procedure Amendment Act 5 Of 1991. Afribary.com: Retrieved May 10, 2021, from https://afribary.com/works/bail-refusal-on-the-basis-of-public-interest-and-administration-of-justice-in-namibia-a-critical-appraisal-of-section-61-of-the-criminal-procedure-amendment-act-5-of-1991

MLA 8th

Research, SSA. "Bail Refusal On The Basis Of Public Interest And Administration Of Justice In Namibia: A Critical Appraisal Of Section 61 Of The Criminal Procedure Amendment Act 5 Of 1991" Afribary.com. Afribary.com, 27 Apr. 2021, https://afribary.com/works/bail-refusal-on-the-basis-of-public-interest-and-administration-of-justice-in-namibia-a-critical-appraisal-of-section-61-of-the-criminal-procedure-amendment-act-5-of-1991 . Accessed 10 May. 2021.

MLA7

Research, SSA. "Bail Refusal On The Basis Of Public Interest And Administration Of Justice In Namibia: A Critical Appraisal Of Section 61 Of The Criminal Procedure Amendment Act 5 Of 1991". Afribary.com, Afribary.com, 27 Apr. 2021. Web. 10 May. 2021. < https://afribary.com/works/bail-refusal-on-the-basis-of-public-interest-and-administration-of-justice-in-namibia-a-critical-appraisal-of-section-61-of-the-criminal-procedure-amendment-act-5-of-1991 >.

Chicago

Research, SSA. "Bail Refusal On The Basis Of Public Interest And Administration Of Justice In Namibia: A Critical Appraisal Of Section 61 Of The Criminal Procedure Amendment Act 5 Of 1991" Afribary.com (2021). Accessed May 10, 2021. https://afribary.com/works/bail-refusal-on-the-basis-of-public-interest-and-administration-of-justice-in-namibia-a-critical-appraisal-of-section-61-of-the-criminal-procedure-amendment-act-5-of-1991