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 R50,000. 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 unconstitutional 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
Constitution of the Republic of South Africa, 1996
Section 35(1)(f) — Arrested persons — bail
“Everyone who is arrested has the right to be released from detention if the interests of justice permit, subject to reasonable conditions.”
Release from pre-trial detention is the constitutional preference where the interests of justice permit.
Criminal Procedure Act 51 of 1977
Section 60 — Bail in court
“An accused who is in custody in respect of an offence shall, subject to the provisions of section 50(6), be entitled to be released on bail at any stage preceding his or her conviction in respect of such offence, if the court is satisfied that the interests of justice so permit.”
You are entitled to bail unless the interests of justice specifically require otherwise. The court must consider the interests of justice — not merely set a figure.
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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What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “The charge is serious — bail must be high to ensure you appear.”
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They might say: “You can ask a family member to pay.”
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149 South African rights scenarios — exact rebuttals, constitutional law, and Scripture. Practise out loud with audio. Free to start with 2 full domains.