In the new constitutional dispensation, how effective is the criminal justice with regard to the fair trail?

Abstract

Abstract The reason for the existence of a criminal justice system is social control. The aim of the criminal justice agencies is to control crime, provide criminal justice and treatment of offenders, and hence, maintaining community safety.1 Imprisonment is contemporary society’s form of control and punishment. It is imposed for retribution, so that the offender suffers as well as the victim. It is done for the sake of deterrence, in the hope to instill fear of punishment in the potential offenders. It is also done for rehabilitation, under the assumption that offenders will not repeat their crimes. The Constitution of Namibia is the supreme law of the country and it provides for criminal justice system agencies, namely the establishment of three branches of law with the Legislator as the law maker; the executive passes the law and the judiciary interprets such laws. The criminal justice system is there to maintain the rule of law and justice for all. Social control through the criminal justice system entails the maintenance of balance between the citizens and law enforcement agencies regarding individual freedom and public safety. If this balance is successful, social order is established and public tranquility is maintained. However in the in the modern constitutional era, everything is measured up against the Constitution; there is much we want to achieve not just legally but socially as well. The Constitution provides for fundamental rights in Chapter 3 thereof. One of these rights is the right to a fair trial. The right to fair trial constitutes many aspects that need to be adhered to, before it can be said that, the right to a fair trial has been complied with to its full extent. It is true that fundamental rights in chapter 3 are idealistic; we would all like that it be the case, but experience has shown that in practice it is often not the case. Article 12 of the Constitution is very clear as to what must be complied with. The issue however is sub-article (1) (b), which in my view is not very clear; states that a trial shall take place within a reasonable time, failing which the accused shall be released. What constitutes the right to a fair trial within a reasonable time?