IN THE SUPREME COURT OF APPEAL (BLOEMFONTEIN) APPEAL COURT CASE NUMBER: 1186/2019 GAUTENG HIGH COURT CASE NUMBER: 76755/2018
In the matter between: JOAO RODRIGUES Appellant and THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS OF SOUTH AFRICA
DATE: Friday. 06 November 2020 at 09:45
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- Joao Rodrigues v National Director of Public Prosecutions of South Africa, Minister of Justice and Correctional Services, Minister of Police and Imitiaz Ahmed Cajee (1186/2019) Appealed from: GJ Date to be heard: 6 November 2020 Maya P, Cachalia JA, Dlodlo JA, Ledwaba AJA, Poyo-Dlwati AJA Criminal law and procedure – permanent stay of prosecution – delay in prosecution – the appellant is charged with the murder of Mr Ahmed Timol, who died in 1971 – in 1972 an inquest found that the deceased had committed suicide – charges against the appellant were 7 instituted after the reopening of an inquest in 2017, which found that the deceased was murdered – whether a permanent stay of prosecution should be granted – whether the appellant’s right to a fair trial was infringed by the 47-year delay in the institution of criminal proceedings and by alleged political interference – whether a presidential pardon or amnesty was granted preventing the prosecution
In the matter between: JOAO RODRIGUES Appellant and THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS OF SOUTH AFRICA
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS OF SOUTH AFRICA
First Respondent (Represented by DAWIE JOUBERT SC & TINY SEBOKO)
MINISTER OF JUSTICE AND CORRECTIONAL SERVICES
Second Respondent (Represented by PD HEMRAJ SC & RJ MBULI)
THE MINISTER OF POLICE
Third Respondent (Represented by DAWIE JOUBERT SC & TINY SEBOKO)
IMITIAZ AHMED CAJEE
Fourth Respondent (Represented by HOWARD VARNEY & THAI SCOTT)
To view all papers files at the SCA, click below:
https://www.ahmedtimol.co.za/rodrigues-high-court-sca-papers/
