Magistrate erred in no-bail for foreigner ruling

In a matter that raises questions about how courts handle criminal cases involving foreigners, a magistrate has been found to have allowed her frustrations over the nationality of an accused man to influence her no-bail ruling. According to a report on the IoL site, Joao Samba, originally from Mozambique who legally held SA residency, was denied bail in the Kakamas Magistrate’s Court on 14 January. He faced vehicle theft and dog poisoning charges. The Northern Cape High Court (Kimberley) has upheld Samba’s appeal against the no-bail ruling of the magistrate, named as M du Tait in a judgment. Du Tait had ruled that Samba, a resident of Springs in Gauteng, should not be granted bail on the grounds of being a flight risk because he was originally from Mozambique. The magistrate also found that Samba was likely to commit further crimes should he be released. Northern Cape High Court (Kimberley) Acting Judge MZ Makoti found that Du Tait concluded that Samba was a flight risk, although there was no evidence before her showing he would be inclined to flee to Mozambique. Makoti said Samba had previously attended two trials for serious crimes in SA to completion. Samba’s lawyers argued that Du Tait’s deportation utterances indicated her ruling was influenced by personal views and not the law. Makoti concurred, saying Du Tait improperly held that Samba should have been deported after convictions, although he was in the country legally. ‘In this regard, also, I find that the magistrate erred by letting her frustrations influence her judgment,’ said the judge.