Judgment No. CCZ 9/14 17 Const. Application No. CCZ 276/12 There exists in society, between the State administration and the general populace, a collective interest that those who commit crimes be tried quickly, fairly and justly. Trials that are held quickly and expeditiously achieve these noble principles. A lengthy period whilst awaiting trial has an effect of eroding an accused person’s integrity. Socially, an unresolved criminal charge against an accused would cause him embarrassment and might result in ostracism from friends and relatives. It is only fair therefore that an accused person be tried provided such trial does not undermine the rights that such accused has to be tried fairly and within a reasonable period of charges being preferred against him. The yardstick for ordering a permanent stay of prosecution is not simply a question or issue of fairness to the particular accused, although it is an important consideration in the factors to be weighed. The court has to consider whether there is an abuse of the court processes by the prosecuting authority for some ulterior motive. It is also of importance to consider whether the continuation of the prosecution is inconsistent with the recognized processes of the administration of criminal justice and so constitutes an abuse of court process. Thus, it is incumbent upon the court, when considering whether a delay is alleged to have prejudiced an accused’s right to a fair trial, to have regard to the interest that society has in the resolution of the culpability of an accused person, especially when a permanent stay of prosecution is sought. I would respectfully associate myself with the views of KRIEGLER J in Sanderson v Attorney-General (supra)3 to the following effect: “Although this case is concerned with the rights of the accused under s 25(3)(a) of the interim Constitution, the point should not be overlooked that it is by no means only the accused person who has a legitimate interest in a criminal trial starting expeditiously. Since time immemorial it has been an established principle that the 3 At 244g-