Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/17

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Government Gazette, 18 December 1996
No. 17678 15

Constitution of the Republic of South Africa, 1996 Act No. 108, 1996
Chapter 2—Bill of Rights

could be used in evidence against that person;

(d)

to be brought before a court as soon as reasonably possible, but not later than —

(i)

48 hours after the arrest; or

(ii)

the end of the first court day after the expiry of the 48 hours, if the 48 hours expire outside ordinary court hours or on a day which is not an ordinary court day;

(e)

at the first court appearance after being arrested, to be charged or to be informed of the reason for the detention to continue, or to be released; and

(f)

to be released from detention if the interests of justice permit, subject to reasonable conditions.

(2)

Everyone who is detained, including every sentenced prisoner, has the right —

(a)

to be informed promptly of the reason for being detained;

(b)

to choose, and to consult with, a legal practitioner, and to be informed of this right promptly;

(c)

to have a legal practitioner assigned to the detained person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly;

(d)

to challenge the lawfulness of the detention in person before a court and, if the detention is unlawful, to be released;

(e)

to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment; and

(f)

to communicate with, and be visited by, that person’s —

(i)

spouse or partner;

(ii)

next of kin;

(iii)

chosen religious counsellor; and

(iv)

chosen medical practitioner.

(3)

Every accused person has a right to a fair trial, which includes the right —

(a)

to be informed of the charge with sufficient detail to answer it;

(b)

to have adequate time and facilities to prepare a defence;

(c)

to a public trial before an ordinary court;

(d)

to have their trial begin and conclude without unreasonable delay;

(e)

to be present when being tried;

(f)

to choose, and be represented by, a legal practitioner, and to be informed of this right promptly;

(g)

to have a legal practitioner assigned to the accused person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly;

(h)

to be presumed innocent, to remain silent, and not to testify during the proceedings;