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The case stems from a 2002 arrest of several people suspected of smuggling gold and platinum.
The Constitutional Court of Johannesburg. Image: EWN.
JOHANNESBURG – The Constitutional Court has ruled that not granting a stay to criminal suspects while they seek funds to obtain their preferred legal representation does not amount to an unfair trial.
The case stems from a 2002 arrest of several people suspected of smuggling gold and platinum.
They were charged with 133 counts of contravening some sections of the Law for the Prevention of Organized Crime, the Law of Mining Rights and the Law of Precious Metals.
The people were tried in Bloemfontein High Court between 2008 and 2014, after several postponements that were due to their inability to pay for attorneys of their choice.
When the High Court made it easier for applicants to access free legal aid, they rejected the offer.
In August 2014, the court issued an order finding the cases against the defendants closed, citing that the unjustified delays constituted exceptional circumstances.
The matter was raised to the Constitutional Court, where the magistrates ruled that the right to legal representation of the defendant’s choice does not include the right to have the trial postponed for an extended period to give them time to secure funds to obtain their legal representative. favorite.
The court stated that the Criminal Procedure Law requires an explanation of the consequences of the same to the accused and exceptional circumstances must exist before it can be applied.
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