Judgment No. CCZ 9/14 14
Const. Application No. CCZ 276/12
required to attend court. He does not suggest anywhere in his evidence that he had left a
forwarding address with the prosecution authorities.
In making its value judgment the Court must strike a balance between the
interests of the accused person and those of society. In as much as an accused person has the
right to assert that his constitutional rights should be given effect to, it is in the interest of a
functioning society that suspected perpetrators of a crime be brought to trial.
WHETHER THE APPLICANTS ASSERTED THEIR RIGHT TO A FAIR TRIAL
Both parties are agreed that the applicants asserted their right to be tried within
a reasonable time, which resulted in their removal from remand on 31 January 2000. When
arraigned for trial after the deportation of Mukandi to this country, they all took the first
opportunity they could to assert their right to a fair trial by applying to the magistrate for the
referral of the matter to this Court.
WHETHER THE APPLICANTS HAVE SUFFERED PREJUDICE AS A RESULT OF
THE DELAY
All the applicants have said that it would be difficult to recall events that took
place more than thirteen (13) years ago, a position that seems to find resonance with the
State. The delay in this case is considerable and in the history of this jurisdiction would seem
to be the longest period on record before a person charged with an offence has been brought
to trial. The applicants contend that they will be prejudiced in their defence because of the
lengthy time the State has taken to eventually try them.