Criminal Procedure



"... It is not merely of some importance, but of fundamental importance, that justice should be both done and be manifestly seen to be done … The rule is that nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice.”

 – Lord Hewart in Sussex Justices (1924)


In terms of the Constitution of the Republic of South Africa everyone is equal before the law and has the right to equal protection and benefit of the law. The Constitution further guarantees the right of every accused to a fair trial, which includes the right to be presumed innocent, to remain silent, not to testify during the proceedings and to adduce and challenge evidence.

Another important right of every accused is the right to a speedy trial. An application in terms of Section 342A of the Criminal Procedure Act may provide appropriate relief for an accused and result in a stay of the proceedings if such an application is based on the right facts and under the right circumstances.


After you are arrested your trial will not start immediately. If you are being detained you will have to consider bringing an Application to be released on Bail. After Bail was granted or refused the matter might be postponed several times for “further investigation”.  You will also be given the opportunity to request disclosure from the state to determine the strength of its case and request further particulars with regards to the charges against you. Preferably this should be done after consultation with your legal representative and with his assistance.


It is most definitely in any accused best interest to be represented by an experienced and competent attorney during this stage of the prosecution. At Stander Botha Incorporated we  will ensure that every legal factor is carefully scrutinised and matched against the facts of your particular matter. A Legal Strategy will be formulated for your defence and same will executed with commitment, excellence and confidence.

For more information or to schedule a consultation kindly contact:

Office:                         012 346 4103

Rikus Stander              079 840 4717

SD Nel                        082 303 8303