Naidoo and Others v National Director of Public Prosecutions and Others (2377/02)
Naidoo and Others v National Director of Public Prosecutions and Others (2377/02) [2003] ZAWCHC 47; [2003] 4 All SA 380 (C) (17 September 2003)
The court held that the certificate re-instituting prosecution was properly issued by the Director of Public Prosecutions, acting within his statutory powers and under proper supervision. The applicants failed to demonstrate that the third respondent's decisions regarding striking the matter from the roll and quashing charges were irregular or that he failed to apply his mind. The alleged prejudice from inadequate particulars and delay was not sufficient to warrant a permanent stay, as much of the delay was attributable to both parties and systemic issues, and any actual prejudice could be ad…
Source excerpt
- Permanent Stay Of Prosecution
- Unreasonable Delay
- Adequacy Of Particulars
- Review Of Magistrate Decision
- Criminal Procedure Act Section 342a
- Constitutional Right To Fair Trial