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Cited documents 5
Act
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Human Rights
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Peace and Security
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Judgment
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Reported
Refusal of lengthy postponement to secure counsel and use of section 342A did not breach applicants' fair-trial rights.
Criminal procedure – right to legal representation of choice – limits on postponement to enable accused to raise funds; Judicial impartiality – test for reasonable apprehension of bias; Unreasonable delay – statutory inquiry and remedies under s342A Criminal Procedure Act 51 of 1977; Application of s342A(3)(d) to deem defence closed where accused persistently seek extended postponement; Constitutional jurisdiction engaged where bias and s342A issues arise.
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Reported
Claim that police search and investigative failures aggravated rape survivor’s psychiatric harm dismissed for lack of negligence and causation.
Police duty to search and investigate – standard of a reasonable organ of state; negligence versus wrongfulness in delict; factual and legal causation of psychiatric harm; limits on imposing liability for investigative omissions.
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