CRIMINAL PROCEDURE — TRIAL — PERMANENT STAY OF PROSECUTION – ARTICLE 12(1)(B) OF THE CONSTITUTION – APPLICANT CLAIMS PRE-TRIAL (TAINTED INVESTIGATION) PREJUDICE – UNLAWFUL ARREST AND DETENTION – TRIAL NOT TAKING PLACE WITHIN A REASONABLE TIME. Mostert v Prosecutor-General and Others NAHCMD (28 April 2023)

The applicant brought an application for a stay of prosecution in terms of the Constitution and further sought a rule nisi calling upon respondents to show cause why the applicant’s detention should not be declared unlawful and why the applicant should not be released from custody emanating from alleged unlawful arrest.

In September 2015, the applicant attended to an interview at the Office of the Anti-Corruption Commission (ACC). His answers at the ACC were reduced to writing in the form of an affidavit. On 17 September 2018, a warrant of arrest was issued against the applicant . . .

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