Van Heerden and Another v National Director of Public Prosecutions and Others (145/2017) [2017] ZASCA 105; [2017] 4 All SA 322 (SCA); 2017 (2) SACR 696 (SCA) (11 September 2017)

Van Heerden and Another v National Director of Public Prosecutions and Others (145/2017) [2017] ZASCA 105; [2017] 4 All SA 322 (SCA); 2017 (2) SACR 696 (SCA) (11 September 2017)

The Supreme Court of Appeal found that the appellants' constitutional right to a trial to begin and conclude without unreasonable delay had been materially infringed. The delays were largely attributable to the State's lack of diligence, vacillation, and dishonest conduct in court, including misleading undertakings and failure to provide charge sheets or documentation. The prejudice suffered by the appellants was significant, including prolonged restraint of assets, financial hardship, and social stigma. The court held that the extraordinary remedy of a permanent stay of prosecution was justified and that the restraint orders over the appellants' assets should be set aside. The interests...

Citation
[2017] ZASCA 105
Parties
Appellant: Pienaar Van Heerden; Appellant: Anthea Lynette Van Heerden; Respondent: National Director of Public Prosecutions; Respondent: Andre Charl Van Heerden; Respondent: British American Tobacco PLC; Respondent: British American Tobacco Retirement Fund
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
11 September 2017
Case Number
145/2017
Procedural Posture
Criminal Appeal / Appeal From Western Cape Division of the High Court, Cape Town
Outcome
Appeal upheld. Permanent stay of prosecution granted. Restraint orders set aside. Assets released to appellants.
Judges
Navsa, Bosielo, Lamont, Molemela, Fourie
Legal Topics
Permanent Stay of Prosecution, Unreasonable Delay, Restraint Order, Prevention of Organised Crime Act, Constitutional Right to Fair Trial, Release of Assets
Criminal Law Civil Procedure Permanent Stay of Prosecution Unreasonable Delay Restraint Order Prevention of Organised Crime Act Constitutional Right to Fair Trial Release of Assets

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Pienaar Van Heerden

Appellant

Anthea Lynette Van Heerden

Appellant

National Director of Public Prosecutions

Respondent

Andre Charl Van Heerden

Respondent

British American Tobacco PLC

Respondent

British American Tobacco Retirement Fund

Respondent

Procedural Posture

Criminal Appeal / Appeal From Western Cape Division of the High Court, Cape Town

Legal Issues

  1. 1 Whether the appellants' constitutional right to a trial to begin and conclude without unreasonable delay was infringed.
  2. 2 Whether the extraordinary remedy of a permanent stay of prosecution is justified in the circumstances.
  3. 3 Whether the restraint orders over the appellants' assets should be set aside and assets released.

Ratio Decidendi

The Supreme Court of Appeal found that the appellants' constitutional right to a trial to begin and conclude without unreasonable delay had been materially infringed. The delays were largely attributable to the State's lack of diligence, vacillation, and dishonest conduct in court, including misleading undertakings and failure to provide charge sheets or documentation. The prejudice suffered by the appellants was significant, including prolonged restraint of assets, financial hardship, and social stigma. The court held that the extraordinary remedy of a permanent stay of prosecution was justified and that the restraint orders over the appellants' assets should be set aside. The interests...

Court Disposition

Appeal upheld. Permanent stay of prosecution granted. Restraint orders set aside. Assets released to appellants.

Orders

  • The appeal is upheld and the first respondent is ordered to pay the appellants’ costs including the costs of two counsel.
  • The order of the court below is set aside and replaced with the following: