{"issue_text":"Whether the bail proceedings were conducted with proper procedural fairness","issue_type":"procedural","dispositive":"yes","related_facts":"State not notified, proceedings in chambers, no proper application"}
{"issue_text":"Whether the irregularities warrant setting aside the bail order","issue_type":"procedural","dispositive":"yes","related_facts":"Violation of audi alteram partem rule, secret proceedings"}
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background
Facts of the Case
Background
The accused was placed on remand for unlawful entry and theft. Before the scheduled bail hearing date, a different magistrate (Mr Rubwe) granted bail of $50 in chambers without the State being present or notified, leading to the accused's release. The Chief Magistrate referred the matter for review citing serious procedural irregularities.
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