Procedure in bail case (Zimbabwe)
In Ncube & Anor HB-126-02 the judge pointed out that bail applications are sui generis: there is no prescribed format or procedure. It is the duty of the presiding officer, with due allowance for the circumstances of each case, to determine the way in which each party must submit its evidence. In a majority of cases ex parte statements are made by both the defence and by the public prosecutor who intimates what the police objections are. There are no formalities; no evidence is led, no affidavits are placed before the court and the record is so meagre that there may be little or nothing to place before the superior courts if the matter is taken on appeal.
The evidence in a bail application does not have to be in affidavit form. In most cases, ex parte statements are made by both sides, without formality: Ndhlovu 2001 (2) ZLR 261 (H)
In the South African case of Maki & Ors (1) 1994 (2) SACR 630 (E) the court said that the procedure for hearing and adjudicating on bail applications should be flexible and adaptable. The laying down of rigid rules as to what evidence is admissible in a given situation should be avoided, except that both oral evidence and affidavits should be admissible and, in appropriate cases, other material such as ex parte statements.