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Section 99: Law practitioners – Conduct—The constitutional right of a defendant in

Constitution · PART V: HUMAN RIGHTS AND FREEDOMS

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

99. Law practitioners – Conduct—The constitutional right of a defendant in a criminal trial to Counsel of his choice must be viewed along with the accused’s right (also enshrined in the Constitution) to a fair trial within a reasonable time, which it is the Court’s duty to ensure. A party to a case should not be unduly penalised where it appears that he is not to be blamed for his lawyer’s laches. One sometimes tends to forget the plight of the unfortunate witnesses. It is the Court that subpoenas them, so it has a compelling duty to put them to the least possible inconvenience. Pillay v Boisram (1986).

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