If the application is successful, Rodrigues will not be prosecuted.
This will allow the full bench that heard Rodrigues' application for a permanent stay of prosecution on March 28 and 29, to deliver judgment.However, if the application is unsuccessful, a trial date will be set for the criminal matter.
Rodrigues had applied for a permanent stay of prosecution, arguing that the prosecution would infringe on his right to have a trial begin and be concluded without unreasonable delay. But in a response filed at the Johannesburg high court in February, Timol's nephew Imtiaaz Cajee said no complaint about a delay, prejudice or violation of fair trial rights could be raised by Rodrigues, given that the criminal proceedings had commenced only in June 2018.
The judgment in the permanent stay of prosecution matter will have implications beyond Rodrigues. There are other former members of the apartheid-era security forces who perpetrated grievous crimes who did not approach the Truth and Reconciliation Commission for amnesty or did but had their amnesty applications declined.
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