Reforming the right to bail for illegal/undocumented foreigners in South Africa

Abstract

This study revisits the law governing the release on bail of accused persons that are without relevant documentation to be in the Republic of South Africa. The study specifically analyses the outcomes of the cases in which illegal foreigners appeared before the South African courts in order to establish what the case law is with regard to the release of illegal foreigners on bail. The study goes further to look at the bail laws of a few other jurisdictions around the world in as far as their bail laws regarding illegal foreigners are concerned.