Judgment No. CCZ 9/14 10 Const. Application No. CCZ 276/12 subsequent to their arrest. Judging from the remands of the applicants, the State was not ready for trial from March 1999 until December 2002. It is safe to assume that the period in question relates to what is generally termed systemic delays. In re Mlambo (supra) GUBBAY CJ commented as follows: 2 “It is apparent that a reasonable time is necessary for the State to be in a position to get the case to trial. A varying extent of time will be needed to prepare the docket depending on the complexity or otherwise of the proposed charge or charges; to record the statements of witnesses; to arrange for their attendance. In addition, there are the usual systematic delays, such as a congested court calendar, the availability of court facilities, judicial officers and prosecutors and the considerate accommodation of witnesses. The system is not perfect and resources are limited, and one has to accept as normal and inevitable a period of delay in respect of these matters. But this is not to accept that the State can justify abnormal periods of systematic delays on such grounds.” Mrs Fero conceded that the delay to bring the applicants to trial between 15 March 1999 and 6 December 2002 can be visited on the State, as the record shows that it was not ready for trial during this period. In my view, the period from March 1999 to December 2002 can by no means be described as abnormal as it is common cause that none of the applicants within that period sought to have their prosecution stayed. What they did was to request that the magistrate remove them from further remand. However, the charges against them had not been withdrawn. They did not, at that stage of the proceedings, consider the failure by the State to bring them to trial within that period to constitute a violation of their constitutional right to a fair trial within a reasonable period. However, the State contends that it was not wholly to blame for the delay that occurred from December 2002 as the State was in a position to proceed but was unable to do 2 At 345H-346B