SKWEYIYA J respect of accused persons, and is one protected by section 35(3)(d) of the Constitution.26 In the present matter, the High Court put the trials of Messrs Phaswane and Mokoena on hold while it called for submissions from amici on provisions largely irrelevant to their criminal trials. Without deciding the point, delays of this kind may infringe section 35(3)(d) of the Constitution. [237] Moreover, the right to a judicial process constrained by a threshold of relevance, at least in my view, applies equally to non-party participants such as victims of crime. Victims should not be subjected to additional and extended trauma occasioned by improper delays in the criminal justice system. In fact, the matter before us illustrates the harms that may befall victims when cases are delayed by the consideration of irrelevant issues. [238] The complainant in the Mokoena case testified in the regional court as long ago as 19 April 2006. On 7 July 2006 the accused was convicted by the trial magistrate. Because of the seriousness of the offence, the conviction then fell to be confirmed in the High Court in terms of section 52 of the Criminal Law Amendment Act.27 In August 2007, Mr Mokoena’s case was consolidated by the High Court with that of Mr Phaswane for consideration of the constitutional issues identified by the High Court. called upon to adjudicate matters which are not related to the litigation at hand [and] the risk that the real issues might become clouded”. Principles of Evidence 2ed (Juta Law, Cape Town 2002) at 46. 26 Section 35(3)(d) reads: “(3) Every accused person has a right to a fair trial, which includes the right— (d) to have their trial begin and conclude without unreasonable delay”. 27 Act 105 of 1997. At the time the offences were committed in the Phaswane and Mokoena matters, section 52(1) of the Act, read with section 51 and Schedule 2, required the commital of convictions in respect of certain crimes, including murder, rape and aggravated robbery, to High Courts for confirmation and sentencing. 119