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Letters | Sunday, 02 August 2009
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Justice delayed is always justice denied

How and in what way can a citizen put to paper his views about a complaint of years of delays for a court sentence to be given?
Shall a person ask his lawyer to do so on his behalf? If so, wouldn’t the lawyer appear awkward and embarrassed when he appears in front of the same judge in other cases which occur daily? Wouldn’t a judge also take offence with anyone who does this sort of thing, no matter who this person is?
If one goes through the justice ministry, it will be far worse. Most probably a person would be told that this cannot be done, as one will think that the department will appear that it’s interfering in the course of justice.
So what is a citizen supposed to do when faced with this situation? Write a complaining letter himself? Wouldn’t this be suicidal?
A conservative mind would reason that it is unwise to do any sort of complaining. This may possible affect a judgement.
But on the other hand to do nothing is equally as bad, if not worse.
To wait for years for a judgement to be given, which in the meanwhile time passes as one gets older, there is the possibility that most probably, death will arrive before and if any sentence will be given.
One’s personal grievance which a citizen has the right to apply for in the Law Courts to find justice as is established in our Constitution, will indirectly be denied his rights if no judgement is forthcoming during one’s lifespan.
A citizen final question is this. How long is it stipulated by law or the constitution or now since joining the European Union as well as the former Council of Europe, can a judgement be delayed? One year, two years, three years, four years or five years?
It would be interesting to know.

 


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