For whom the bail tolls

THE proposed tightening of bail laws is set to open a debate on the rights of criminals over rights of their victims, and will definitely unleash the wrath of human rights campaigners on the government.

This is because every arrested person is innocent until proven guilty and, depending on the gravity of the offence committed, is entitled to be released on bail.

This is in line with provisions of the Bill of Rights which stipulates everyone has the right to freedom.

But while care ought to be taken not to infringe on these rights by promulgating laws that could clash with the constitution, for thousands of people who have fallen victim to criminals who attacked them while out on bail, this could offer some comfort – comfort in knowing that others won’t ever have to feel let down by the criminal justice system.

There are many cases where this happens, some even as serious as murder, where a person goes on to commit other crimes. This is what probably sparked police to lodge a complaint with President Jacob Zuma, highlighting their plight as they often get blamed for not doing their job properly and subjecting law-abiding citizens to criminal elements.

Subsequently, the Justice Department said one of the things it was looking at was to tighten bail laws. This could work well, particularly for people who are often forced to live side by side with those who have raped them and those who have killed their loved ones.

Whatever happens, the balance between the rights of criminals and those of their victims should be struck carefully to ensure that while we try to ensure police work isn’t done in vain, we also don’t lock up people unnecessarily.