Bail is set at an amount clearly beyond your means, effectively imprisoning you pre-trial.
Premiumintermediate8 minutes
The Situation
What They Said
“Bail is set at an amount you cannot pay. If you cannot pay, you stay in custody until your trial.”
At your first court appearance for a non-serious offence, bail is set at an amount far beyond your financial means, leaving you effectively imprisoned while awaiting trial.
The Fallacy
Treating Pre-Trial Detention as a Default
Bail is meant to ensure your appearance at trial — not to punish you or keep you in custody because you are poor. Setting bail at an amount that a person obviously cannot pay, without considering their financial circumstances, may constitute an infringement of their right to freedom and to be released pending trial. The purpose of bail is not financial punishment.
What the Law Says
Your Legal Foundation
Code d'instruction criminelle
art. 35 du Code d'instruction criminelle — Pre-trial detention conditions
“The King's Prosecutor shall seize everything that appears to constitute one of the things referred to in Articles 42 and 43quater of the Criminal Code and everything that may serve to establish the truth; he shall ask the accused to explain the seized items that are shown to him; he shall draw up a report of everything, which shall be signed by the accused, or mention shall be made of his refusal.”
This article concerns seizure of property and does not address bail amounts or pretrial detention. Therefore, it does not provide a basis for challenging the bail amount set at R50,000.
What Scripture Says
God's Word on This
Proverbs 22:22-23 (NET)
“Do not exploit the poor because they are poor, and do not crush the needy in court, for the LORD will plead their case and will rob those who are robbing them.”
Using the court process to crush the poor — including through unaffordable bail — is explicitly condemned. God is described as the advocate of those crushed by the legal system.
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You Know the Law — But Do You Know What to Say?
Reading your rights is one thing. Using them under pressure — calmly, correctly, in the right words — is what actually protects you. Members get the scripted rebuttal for this exact situation: what to say first, what to say if they push back, the tone to use, and the constitutional provision to cite. Practise out loud with audio until it's automatic.