The people v Sikwiti & Others (HPBA/6/92 ) [1994] ZMHC 1 (1 April 1994);

The accused were charged with motor vehicle theft. On an application for bail, it was alleged by the prosecution that the accused were arrested in Botswana and could therefore not be granted bail. The defence counsel however stated that the accused were arrested in Zambia and were of fixed abode, therefore deserving of bail. The trial court denied the bail application and the accused have appealed. 

Held:

1. The police have powers to cancel bond if it appears to the police that the accused is about to leave the country or disappear or is interfering with or likely to interfere with witnesses or about to commit a similar offence the police may arrest the accused, cancel the bond and detain him in custody pending appearance in Court

1. The Court has a duty, where it has come to its attention that the accused's bond was cancelled by the police, to inquire into the reasons for the cancellation when considering bail application and where it is not satisfied with the reasons for cancellation to grant bail to the accused on the same conditions as the bond

1. A police bond does not automatically cease upon an accused person appearing in Court to answer a charge on which he was granted the bond