A complicated legal problem has arisen after a temporary Pretoria Regional Court magistrate's refusal to grant bail to three alleged right wingers accused of plotting to overthrow the government.
Last month the Pretoria High Court also turned down the three's appeal against the magistrate's decision.
At the time Judge Dikgang Moseneke said Louis du Plessis, Johan Scheepers and Adriaan van Wyk had not proved that the interest of justice would be served by releasing them on bail.
The three on Wednesday approached the High Court to obtain leave to appeal against the decision not to grant them bail.
Advocate Johan Engelbrecht, SC, appearing on behalf of Du Plessis, pointed out to Moseneke that the matter had become complicated.
He said they were sitting with an unique situation as Magistrate Mathys de Wit, who initially refused the three bail, was an acting magistrate.
Judge Ronnie Boshielo and Acting Judge RD Claasen last month declared the conviction of an alleged house-breaker null and void because the presiding magistrate was a temporary appointment.
Their decision cast a shadow over judgments made by other temporary magistrates.
He said it was common cause that De Wit fell within the ambit of this judgment.
Thus, he said, it made De Wit's judgement (in refusing bail to the three) null and void.
Meanwhile, Cabinet on Wednesday appealed to South Africans to be vigilant and work with the police and other security agencies to ensure the perpetrators of last week's bomb blasts in Gauteng were arrested and convicted.
Government spokesperson Joel Netshitenzhe said in Cape Town that the cabinet had noted the progress being made by the security agencies in tracking down those individuals responsible.
The government was of the firm conviction these criminal actions were committed by individuals with irrational objectives which could not be achieved, he said.
"The government calls on all South Africans to be vigilant and to work with the security agencies to ensure that these individuals are brought to book.
"Together, we are fully capable of eliminating these acts of violence, and no one can stop South Africa from its chosen path of reconstruction and development," he said. - Sapa