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

---

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;