Prevalence of Undue Delays in Criminal Proceedings: Realising the Right to a Speedy Trial for Crime Victims in South Africa?

Abstract

Prevalence of undue delays in criminal proceedings in South Africa poses serious implications not only for the accused person’s right to a fair trial but also for the rights and interests of crime victims. The South African criminal justice system is overburdened. This is because crime in South Africa is currently at an all-time high, resulting in a clogged court system. Due to this overburdened system, the entire criminal justice system is hampered, and cases take longer to resolve. The impact of these undue delays on crime victims, firstly is that justice delayed is justice denied and society resorts to commit vigilantism as they have lost faith in the criminal justice system. Secondly, there has been a perception from the society that the criminal justice system is biased and favors the rights of offenders or accused persons. In Rodrigues v National Director of Public Prosecutions and Other 2019 (2) SACR 251 (GJ), the court when dealing with undue delays for the first time, rights and interests of crime victims were considered even though the matter took more than 40 years. This judgment revealed the importance of the realisation of speedy trial rights for crime victims. Using the qualitative research method, the literature in this article indicates that the enactment of the right to a speedy trial for crime victims can be beneficial to all parties involved in criminal proceedings to curb undue delays in criminal proceedings. This article outlines the causes of undue delays in criminal proceedings, the impact that these delays have on specific crime victims and argues for the implementation and enforcement of the right to a speedy trial for crime victims in South Africa.

Keywords

• crime victims
• criminal justice
• speedy trial
• undue delays
• victimisation