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The use of Stalingrad tactics and the abuse of process
Mini Dissertation (LLM (Procedural Law))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613502849417216 |
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| access_status_str | Open Access |
| author2 | De Villiers, Wium P. |
| author_browse | De Villiers, Wium P. |
| author_facet | De Villiers, Wium P. |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Procedural Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100792 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:10.603Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100792 The use of Stalingrad tactics and the abuse of process De Villiers, Wium P. angeliquefryer24@gmail.com Fryer, Hester Angelique UCTD Sustainable Development Goals (SDGs) Stalingrad tactics Delaying tactics Permanent stay of the prosecution Systemic delays Deliberate delays Unavoidable delays Speedy trial Abuse of process Adversarial system Inquisitorial system Unreasonable delay Estoppel Mini Dissertation (LLM (Procedural Law))--University of Pretoria, 2024. He, who is called to justice, is set out to delay justice. The purpose of a trial should be to seek truth and achieve justice. However, one cannot fulfil the purpose of a trial if your day in court never comes. Some matters never make it to trial due to constant delays that occur. Whether it be systemic delays or deliberate delays. Systemic delays or those resulting from overloaded court schedules can lead to unreasonable postponements. Unfortunately, many accused exploit these delays with tactics designed to evade responsibility. It goes without saying that justice delayed, is justice denied. The delaying tactics are often referred to as Stalingrad tactics, where an accused uses every manoeuvre available to oppose, obstruct, or delay the efficient and effective determination or finalisation of matters. By using these tactics, an accused often tries to invoke the remedies of Section 35(2)(d) of the Constitution of the Republic of South Africa, 19996 or Section 342A of the Criminal Procedure Act 51 of 1977, in particular the extraordinary remedy of a permanent stay of prosecution. However, courts are, more often than not, sceptical to grant a permanent stay of the prosecution when the delay is due to the accused individual’s own doing. This aspect touches the concept of abuse of process which will also be dealt with in my dissertation. This dissertation focuses on the Stalingrad tactics and looks at how former President Jacob Zuma made use of the Stalingrad tactics in his corruption case and further related cases. I then further evaluate how the courts have dealt with the Stalingrad tactics. The study evaluates how the courts could ensure that an accused using Stalingrad tactics will not escape justice and abuse court processes. Procedural Law LLM (Procedural Law) Unrestricted Faculty of Laws None 2025-02-12T13:17:46Z 2025-02-12T13:17:46Z 2025-05 2024-10 Mini Dissertation * A2025 http://hdl.handle.net/2263/100792 Disclaimer Letter en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Stalingrad tactics Delaying tactics Permanent stay of the prosecution Systemic delays Deliberate delays Unavoidable delays Speedy trial Abuse of process Adversarial system Inquisitorial system Unreasonable delay Estoppel The use of Stalingrad tactics and the abuse of process |
| title | The use of Stalingrad tactics and the abuse of process |
| title_full | The use of Stalingrad tactics and the abuse of process |
| title_fullStr | The use of Stalingrad tactics and the abuse of process |
| title_full_unstemmed | The use of Stalingrad tactics and the abuse of process |
| title_short | The use of Stalingrad tactics and the abuse of process |
| title_sort | use of stalingrad tactics and the abuse of process |
| topic | UCTD Sustainable Development Goals (SDGs) Stalingrad tactics Delaying tactics Permanent stay of the prosecution Systemic delays Deliberate delays Unavoidable delays Speedy trial Abuse of process Adversarial system Inquisitorial system Unreasonable delay Estoppel |
| url | http://hdl.handle.net/2263/100792 |