Action Society has written a letter to Legal Aid SA’s Western Cape Provincial Office in which we express our frustration with the delays in the murder case of 13-year-old Thimna Kuze. This letter underlines the accused’s abuse of the legal system to delay justice. Action Society requests Legal Aid to issue clear guidance to the appointed attorney to prioritise expeditious trial proceedings and avoid further postponements.
“The accused has consistently caused delays in this matter, most recently by requesting a Xhosa-speaking attorney, which has led to yet another postponement until 21 January 2025,” says Kaylynn Palm, Head of Action Society’s Action Centre. “This case has already been delayed for nearly two years, causing immense anguish to the victim’s family and undermining the community’s faith in the justice system.
“Action Society acknowledges the accused’s constitutional right to legal representation but emphasises that this right does not extend to selecting an attorney based on language preference. The accused has access to court translators for this purpose, which ensures that his constitutional right to a fair trial is protected without further delaying the proceedings.”
Courts have an inherent responsibility to balance the rights of the accused with the broader public interest in ensuring accountability for heinous crimes. Furthermore, the Constitution guarantees the right to a fair trial, which includes the right to a speedy trial. These delays infringe upon the rights of the victim’s family and the broader community seeking justice.
“With this letter, Action Society hopes it will end the accused’s frivolous delaying tactics and tip the scales to afford Thimna and her grieving family justice.”
Read the full letter here: https://actionsociety.co.za/wp-content/uploads/2024/12/Thimna-Kuze-Legal-Aid-Western-Cape-PDF.pdf
