presiding officer

Mr Mogotsi alleges that no one is concerned about why certain people travel long distances to open cases from their area of origin because cases cannot be opened there, referencing an incident where a magistrate recused himself due to attacks by General Mkhwanazi on the presiding officer who imposed bail conditions.

“no one is concerned that why these people are traveling for this so long distance to open cases , because where they come from , cases cannot be opened . When you gave an example earlier , Chair , about the arrest of those Generals , on the 6th of July when General Mkhwanazi spoke , if you could remember how he attacked the presiding officer who imposed those bail conditions . That magistrate also even recused himself from that case .”

Chairperson explains the presiding officer relies on information from the investigating officer or witness testimony and affidavits to decide on bail.

“what is usually placed before the investigating officer are either affidavits or testimony in the witness stand... that assists the Presiding Officer to decide whether to grant or refuse bail”

Chairperson warns that an investigating officer not opposing bail due to influence could improperly affect the decision to grant bail.

“if an investigating officer, whether on their own or as a result of influence by others, decide not to oppose bail, that may go a long way towards influencing the decision to be one that actually grants bail when it ought not to have been”