Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/18

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 2—Bill of Rights

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(i)

to adduce and challenge evidence;

(j)

not to be compelled to give self-incriminating evidence;

(k)

to be tried in a language that the accused person understands or, if that is not practicable, to have the proceedings interpreted in that language;

(l)

not to be convicted for an act or omission that was not an offence under either national or international law at the time it was committed or omitted;

(m)

not to be tried for an offence in respect of an act or omission for which that person has previously been either acquitted or convicted;

(n)

to the benefit of the least severe of the prescribed punishments if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and

(o)

of appeal to, or review by, a higher court.

(4)

Whenever this section requires information to be given to a person, that information must be given in a language that the person understands.

(5)

Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice.

Limitation of rights

36.

(1)

The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including —

(a)

the nature of the right;

(b)

the importance of the purpose of the limitation;

(c)

the nature and extent of the limitation;

(d)

the relation between the limitation and its purpose; and

(e)

less restrictive means to achieve the purpose.

(2)

Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.

States of emergency

37.

(1)

A state of emergency may be declared only in terms of an Act of Parliament, and only when —

(a)

the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and

(b)

the declaration is necessary to restore peace and order.