NGCOBO J
the Department of Social Development is that there is no social worker available to
act as an intermediary due to a shortage of social workers.”141
[192] This dilemma has taxed judicial patience to its limits. It has forced concerned
regional magistrates to resort to orders in terms of section 342A of the CPA.142 This
section empowers a court to investigate any delay in the completion of a trial if the
delay is unreasonable and is likely to cause substantial prejudice to the accused, the
state or a witness. If the court finds that the delay is unreasonable, it may make any
order “as it deems fit in order to eliminate the delay”. In Seboko, the Regional Court
Magistrate issued an order in the following terms:
“[T]he matter be referred to [the] relevant authorities to make submission or come
and testify before the court on the 21st October 2008 with regards to the following:
Who is responsible to secure the attendance of a suitable intermediary on the
trial date.
What steps are going to be taken to make sure that an intermediary will be
available to assist the children in the abovementioned cases.
141
Id.
142
Section 342A(1) provides:
“(1)
A court before which criminal proceedings are pending shall investigate any delay in
the completion of proceedings which appears to the court to be unreasonable and
which could cause substantial prejudice to the prosecution, the accused or his or her
legal adviser, the State or a witness.”
Section 342A(3)(f) provides:
“(3)
If the court finds that the completion of the proceedings is being delayed
unreasonably, the court may issue any such order as it deems fit in order to eliminate
the delay and any prejudice arising from it or to prevent further delay or prejudice,
including an order—
(f)
that the matter be referred to the appropriate authority for an
administrative investigation and possible disciplinary action against
any person responsible for the delay.”
96
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