Vincent Kondo and Edmore Marwizi Mapuranga v The State

Key Issues

• {"issue_text":"Whether the applicants discharged the onus to show that it is in the interests of justice to be released on bail pending trial for Part I, Third Schedule offences","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants failed to adduce evidence; State presented strong evidence via affidavit"}
• {"issue_text":"Whether s 50(1)(d) of the Constitution altered the burden of proof in bail applications for Third Schedule offences","issue_type":"constitutional","dispositive":"no","related_facts":"Applicants relied on s 50(1)(d); court interpreted provision as applying to arresting authority, not court bail proceedings"}
• {"issue_text":"Whether the applicants' bail application complied with procedural rules","issue_type":"procedural","dispositive":"no","related_facts":"Application was defective but court condoned defects"}

Background