Phahlane and former deputy police commissioner Bonang Mgwenya launched separate applications before the court, to be heard on Thursday, asking it to investigate possible “unreasonable” delays in completing proceeding.
The Criminal Procedure Act provides that if the court finds the completion of proceedings is being delayed unreasonably, it may, among others, issue an order — where the accused has not yet pleaded to the charge — that the case be struck off the roll. Advocate Zweli Zakwe, for Phahlane, read an affidavit by Nadia Steyn, a candidate attorney assisting one of the law firm’s directors prepare for the trial to ensure proper disclosure had taken place.
In the affidavit, Steyn said the court, in December last year, ordered the state to properly disclose the contents of the case docket to all accused by February 28 this year.
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