- Flynote
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Permanent stay of prosecution – recusal by trial judge before
finalisation of trial – discretion of Director of Public Prosecutions in respect of proceedings de novo – application for stay of prosecution triggered by delay caused by recusal – reasonableness of delay – no trial prejudice established.
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Cited documents 9
Judgment 5
- Bothma v Els and Others [2009] ZACC 27 (8 October 2009)
- Gumbi and Others v S (414/2017) [2018] ZASCA 125 (26 September 2018)
- Lawyers for Human Rights v Minister in the Presidency and Others [2016] ZACC 45 (1 December 2016)
- National Director of Public Prosecutions v King (86/2009) [2010] ZASCA 8 (8 March 2010)
- Van Heerden and Another v National Director of Public Prosecutions and Others (145 of 2017) [2017] ZASCA 105 (11 September 2017)