Bail is money paid to the police or court by an arrested person that ensures his release until the next court date. Bail is regulated by the Criminal Procedure Act and the amount thereof will be the discretion of the police or Magistrate.

THE DIFFERENT FORMS OF BAIL

POLICE BAIL

In terms section 59 of the Criminal Procedure Act, when a person is arrested on a criminal charge for allegedly committing an offence which falls outside Part II and Part III of Schedule 2, he may apply for bail at the police station before the expiration of 48 hours of his arrest. Common assault and theft under R2 500 are among the offences for which police bail may be granted. The police determine the amount of bail.

PROSECUTOR BAIL

In the event that police bail was denied, the arrested person must be brought before a Court within 48 hours and then becomes eligible for prosecutor bail.

Subject to conditions set out in Section 59A of the Criminal Procedure Act, the Director of Public Prosecution (DPP) or a Prosecutor authorised in writing by the DPP may allow an arrested person to be released on bail before the first court appearance.

Prosecutor bail may only be granted if the arrested person has been charged with a Schedule 7 offence. The process requires consultation with the arresting Officer or Investigating Officer. Schedule 7 offences include among others drug possession, robbery, assault and culpable homicide.

If you did not get Police Bail, you would need to be brought in front of the Court within 48 hours of your arrest to be eligible for Prosecutor Bail.

BAIL APPLICATION IN COURT

When a person is charged with a Schedule 5 or 6 offence, Section 60 of the Criminal Procedure Act requires the accused to make a formal bail application before a Court.

The offences in respect whereof a bail application is required are among others murder, including premeditated murder, attempted murder, rape, indecent assault, corruption and drug-related offences.

The application can be conducted by way of an Affidavit or oral evidence in front of a Magistrate.

It is important to inform the court of any previous convictions or pending cases. Failure to disclose this information is a criminal offence. The bail may be opposed by the prosecutor and the court will consider all of the information before making its decision.

The accused must satisfy the presiding officer that if his bail is granted, he will not be a danger to other people, will not intimidate any witnesses, will not commit any further crimes and that he will be present at all future court hearings.

The amount of bail will be the sole discretion of the presiding officer. The bail money paid by the accused person will be refunded to him once the matter is finalised but may be forfeited if the conditions of bail are not met.

It is always advisable to contact a criminal attorney to assist with bail applications.

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In its judgment the Constitutional Court declared that paragraph (a) of subsection 7(3) of the Divorce Act 70 of 1979 (Divorce Act) is inconsistent with the Constitution and invalid to the extent that it fails to include marriages concluded on or after the commencement of the Matrimonial Property Act 88 of 1984 (Matrimonial Property Act).

The Constitutional Court determined that the differentiation between individuals who entered into a marriage (and an antenuptial agreement) before and after the commencement of the Matrimonial Property Act constitutes unjustifiable and indirect discrimination on the grounds of gender.

The effect of the judgment is that individuals married out of community of property without the accrual will now be entitled to claim a redistribution of assets notwithstanding the content of their signed antenuptial contract.

However, such a redistribution claim is not an automatic entitlement and a spouse instituting a Section 7(3) claim will still need to prove their direct or indirect contributions made towards the estate of the other spouse to be successful. A Court hearing such a claim will have to assess whether the claimant is entitled to a claim and also the quantum thereof.

It is emphasised that the remedy in terms of Section 7(3) can only be granted if those cases where the Court deems it just and equitable, taking into consideration the claimant’s contribution and other relevant factors. A court hearing a matter will have to take into consideration all the circumstances of that specific case.

The Constitutional Court responded to the concerns raised by the amicus curiae in the proceedings by stating that in terms of Section 7(5)(d) of the Divorce Act, a Court considering a redistribution claim can consider any other factor which should in the opinion of the Court be considered. The fact that the parties concluded an antenuptial contract excluding the accrual regime could and should be taken into account and the weight this factor should receive would however depend on the circumstances.

The Court further noted that other jurisdictions for example England and Canada have adopted the same approach. In the Judgement the leading England case in which the fundamental test was incapsulated was quoted as follows: “The Court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement”.

The Order granted by the Constitutional Court serves as a landmark judgment, not only impacting the patrimonial consequences of many marriages in South Africa but also a significant step towards a more equitable, just and fair future for all.

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The draft Taxation Laws Amendment Bill introduces a tax rebate for individuals who invest in solar PV panels. For individuals to benefit from this tax incentive, there are certain requirements to be complied with.

Limited to households

Individuals who are liable to pay personal income tax will have the opportunity to claim under this specific tax rebate and thereby reduce their tax liability. The rebate is only applicable to individual taxpayers and not to businesses.

Maximum that can be claimed

Individuals will be able to claim a rebate equivalent to 25% of the costs incurred for purchasing new or unused solar PV panels, up to a maximum of R15 000.00 per individual.

Qualifying requirements

To qualify for the rebate, the following requirements must be met:

• Only new or used solar PV panels, installed as an extension of an existing system or as part of a new system.
• Only solar PV panels with a minimum capacity of 275W per panel, in terms of their design output. Other components, such as batteries, diesel generators, fittings and inverters, and portable solar panels are excluded from the rebate.
• Solar PV panels must be installed at a residential property primarily used for domestic purposes.
• A Certificate of Compliance in terms of the Electrical Installation Regulations, 2009 must be provided.
• The solar panels must form part of a system that is connected to the mains distribution of the residential property.
• The rebate applies specifically to solar PV panels purchased between 1 March 2023 and 29 February 2024.

The claims process

Individuals who wish to claim the tax rebate must possess a VAT invoice that indicates the costs of the solar PV panels as a separate item, along with proof of payment, and provide a Certificate of Compliance evidencing that the solar PV panels were put into use for the first time between 1 March 2023 and 29 February 2024.

PAYE Taxpayers can claim the rebate on assessment during the 2023/24 tax season. Provisional taxpayers can claim against provisional and final payments.

Can tenants claim?

There is no ownership limitation for the incentive. Therefore, installations that meet the criteria would be eligible for the rebate but only the party that pays for the solar PV panels may claim the rebate.

The signing into law of the draft Taxation Laws Amendment Bill would be a welcome relief for overburdened taxpayers.

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