Grobler v The Attorney-General [1915] ZATPD 2 (18 February 1915)

Mart,ial law.-Detention by civil and military authorities.-Order for release.-Effect. Criminal law.-Procedure.-Bail.-High treason.-Member of Parliament.

An accused person during a period of Martial Law was detained on a warrant issued by a magistrate committing him to prison on a charge of high treason
and was also detained by the military authorities; Held, that an order granted by the Court for his release on bail would only relate to his release
under the warrant issued by the magistrate.
A member of Parliament in custody and awaiting trial on a charge of high treason applied for an order for his release on bail so as to enable him to attend a
forthcoming session of Parliament. At his preparatory examination the evidence showed that he had appeared with rebel commandoes at various
places, that he was present at at least three engagements between those commandoes
and Government troops, being finally captured by Government troops at one of the said engagements, and that he had induced members of the Defence Force to be disloyal and not to obey the orders of the Government ; Held, that this evidence disclosed a very grave offence for which applicant was liable to the capital punishment, and that as the ends -of justice could be defeated by applicant boarding a neutral ship or joining the rebels or Germans in German South-West Africa, release on bail should be refused.