Satellite litigations and the right to fair trial in criminal proceedings

Abstract

South Africa has a constitution and statutory provisions that protect individuals against unreasonable delays and unreasonable adjournments in court. The problem lies when an accused person institutes satellite litigations to delay and avoid justice. Satellite litigation is a tactic used by accused persons to delay and evade justice, violating their rights to a fair trial. It further suggests measures to curb satellite litigation. The study begins with the background to the research topic. It explores what the law says about delays in court. It further analyses the impact of delays on the justice system. In conclusion, it recommends measures to curb satellite litigation. The research is both library and desktop based, utilising library materials like textbooks, legislation, reports, regulations, law journals, charters, policies, articles, case laws, the Constitution of the Republic of South Africa, and international and national legal resources. This study therefore aims to find a feasible solution to the problem. It also examines current laws and policies that prevent unreasonable court delays. Thus, it investigates the common reasons for satellite litigation