The murder suspect in the case of Nosiphiwo James could soon be a free man if he has his way. This follows after continued delays in court has led to an application by the defence to grant the accused bail in terms of Section 49G(3). Action Society strongly condemns continued court delays that lead to tens of thousands of dangerous remanded prisoners awaiting for court procedures to come to a close. In this case, the accused violently stabbed Nosiphiwo in the neck with a screwdriver on 8 May 2022.
In January of this year, the suspect appeared in court, but once again the case didn’t proceed. Instead, a Section 49G(3) application was brought. Section 49G(3) of the Correctional Services Act of 1998 in South Africa states that a remand detainee must be referred to court if their detention is going to exceed a certain period. It stipulates that the detention of remand detainees should not exceed a period of two years.
“It is extremely concerning to witness how the collapse of South Africa’s court system could lead to dangerous suspects being released, posing a threat to everyone they come into contact with. It has been made far too easy for criminals to find loopholes to delay their cases indefinitely. Not only does this deny justice for victims, but it creates a culture of distrust among ordinary South Africans who are less likely to pursue legal action as they see how many people are left without justice,” said Action Society’s Kaylynn Palm.
