PERMANENT STAY OF PROSECUTION MAY BE GRANTED

Van Heerden and another v National Director of Public Prosecutions and others [2017] 4 All SA 322 (SCA)

Criminal law and procedure – Permanent stay of prosecution – Lengthy delays in finalisation of criminal trial – Infringement of constitutional right to a fair trial entrenched in section 35(3) of the Constitution of the Republic of South Africa, 1996, which includes the right to have trial begin and conclude without unreasonable delay – While an application for a permanent stay of prosecution is an extraordinary remedy, that does not mean that such relief cannot be granted in appropriate circumstances.

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