My ex partner has managed to stall the trial for three years which forces me to apply each time for another date - usually a wait of between nine and twelve months. Is there any way in which to ensure that this doesn't happen again? He actually has no intention nor the financial means to go to trial and is just doing this to spite me to avoid settlement and closure.I look forward to your advice and thank you.Marion
You should bring the numerous postponements to the attention of the presiding officer and argue that justice delayed is justice denied. Unfortunately defendants get a lot of latitude - often way to much but our courts are lenient and eventually if you are committed you will get your day in court. Stand firm and keep pushing for your rights. Good Luck and please rate my answer or I don't get paid. RegardsSA-TOPLAW41089.752168831
Thank you so much for your reply. In 2009 he refused my first offer for settlement. 2010 his excuse was that he 'was not ready' for trial (yet this was a full year later) In 2011 his advocate, a few days before trial his advocate claimed (alledgedly!) to have to attend in a higher court. I am convinced this was not true. Could he be forced to provide proof that he has funds with his advocate pre trial? My new date is in a few weeks time but from the time of of my Protection Order in 2009 through these years I have been blocked at every turn and it just seems the law is on the side of the criminals. This is not justice and shamed be the South African legal system!
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