CRIMINAL PROCEDURE – BAIL APPEAL – CHANGES IN JUDGMENT AFTER DELIVERING SAME ORALLY – FUNCTUS OFFICIO AND VALIDITY OF SUBSEQUENT WRITTEN JUDGMENT – LEGAL POSITION IN BAIL APPLICATIONS RESTATED. Shanghala v State NASC

The facts of this matter are well known. The applicants brought an application for bail in the High Court. The court a quo found that it would not be in the interest of justice to grant the appellants bail. This was on the back of findings that the court a quo could not ‘make a finding whether the applicants will or will not abscond’, that the appellants did not satisfy the court that if they are released on bail they will not distort or suppress evidence and thus ‘the likelihood that they would interfere with the . . .

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