Right of an accused to a trial without unreasonable delay in South Africa

Abstract

The aggravating issue of unreasonable delays in the criminal justice system, has resulted in the severe violation of an accused person’s right to a trial that begins and concludes without unreasonable delay. Section 35(3)(d) of the Constitution of the Republic of South Africa, 1996, provides that an accused person has the right to a fair trial, which ought to commence and conclude without unreasonable delay. However, due to the persistent challenges plaguing the criminal justice system, the judiciary has been unsuccessful in safeguarding the rights of an accused person. The objective of the research is to investigate the causes and effects of unreasonable delays in criminal proceedings, and to establish in what manner the delays affect an accused person, a victim of a crime, witness to a crime, and their families. In addition, the study seeks to investigate the causes and effects of overcrowding in South African correctional facilities, because of unreasonable delays in criminal trials. The study investigates the laws which regulate unreasonable delays in criminal trials and further, investigates the remedies the law grants to an accused person in cases of unreasonable delays. The analysis explores existing solutions to the issue of unreasonable delays, and the reasons why they are unsuccessful in making a noticeable change in the criminal justice system.