ARTICLE · 23 AUGUST 2021

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Political Interference And Your Right To A Fair Trial

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Every accused has the right to a fair trial in terms of sections 12 and 35 of the Constitution of the Republic of South Africa Act 108 of 1996 (the "Constitution").

South AfricaGovernment, Public Sector

Cheralco Worship

Every accused has the right to a fair trial in terms of sections 12 and 35 of the Constitution of the Republic of South Africa Act 108 of 1996 (the "Constitution"). Do lengthy delays caused by political interference infringe on the right to a fair trial?

Rodrigues v National Director of Public Prosecutions of South Africa and Others ¹ is an appeal matter in which the applicant submitted an application for leave to appeal on the basis that there was an alleged political interference that took place, which caused a delay that affected his right to a fair trial.

The Facts of The Case

The applicant, an ex-police officer, was indicted for the murder of the late Ahmed Timol, a political activist as well as a member of the South African Communist Party (SACP). On 22 October 1971, Mr Timol was arrested for being in possession of pamphlets from the SACP. While in detention on 27 October 1971, he passed away.

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