Section 35 Constitution of South Africa 1996

Preamble Section 1-6 [Chapter 1 – Founding provisions] Section 7-8 (Rights & Appilcation) Section 9 (Equality) Section 10-11 (Human Dignity & Life) Section 12 (Freedom and Security of the Person) Section 13-14 (Slavery, Servitude and Forced Labour & Privacy) Section 15 (Freedom of Religion, Belief and Opinion) Section 16 (Freedom of Expression) Section 17-18 (Assembly, Demonstration, Picket and Petition & Freedom of Association) Section 19 (Political Rights) Section 20-21 (Citizenship & Freedom of Movement and Residence) Section 22 (Freedom of Trade, Occupation and Profession) Section 23 (Labour Relations) Section 24 (Environment) Section 25 (Property) Section 26-27 (Housing & Health Care, Food Water and Social Security) Section 28 (Children) Section 29 (Education) Section 30 (Language and Culture) Section 31 (Cultural, Religious and Linguistic Communities) Section 32 (Access to Information) Section 33 (Just Administrative Action) Section 34 (Access to Courts) Section 35 (Arrested, Detained and Accused Persons) Section 36 (Limitation of Rights) Section 37 (States of Emergency) Section 38 (Enforcement of Rights) Section 39 (Interpretation of Bill of Rights) Section 40-41 [Chapter 3 – Co-operative government] Section 42-52 Section 53-63 Section 64-74 Section 75-82 Section 83-92 Section 93-102 [Chapter 1 – Founding provisions] Section 103 (Provinces) Section 104-114 Section 115-124 Section 125-132 Section 133-141 Section 142-145 (Provincial Constitutions) Section 146-150 (Conflicting Laws) Section 151-164 [Chapter 7 – Local Government] Section 165-172 Section 173-180 Section 181-194 [Chapter 9 – State institutions supporting constitutional democracy] Section 195-197 [Chapter 10 – Public Administration] Section 198-210 [Chapter 111 – Security Services] Section 211-212 [Chapter 12 – Traditional Leaders] Section 213-219 (General Financial Matters) Section 220-230 Section 231-243 (General Provisions) Schedule 1 – National Flag Schedule 1A – Geographical areas of provinces Schedule 2 – Oaths & Solemn Affirmations Schedule 3 – Election Procedures Schedule 4 – Functional Areas of Concurrent National and Provincial Legislative Competence Schedule 5 – Functional Areas of Exclusive Provincial Legislative Competence Schedule 6 – Transitional Arrangements Schedule 7 – Laws Repealed

Section 35 Constitution of South Africa 1996

Section 35 of the Constitution of South Africa 1996 (as amended) is about Arrested, detained and accused persons. It is under Chapter 2 of the Constitution. Chapter 2 is titled ‘Bill of Rights‘.

  1. Everyone who is arrested for allegedly committing an offence has the right ­
See also  Section 36 Constitution of South Africa 1996

a. to remain silent;

b. to be informed promptly ­

i. of the right to remain silent; and

ii. of the consequences of not remaining silent;

c. not to be compelled to make any confession or admission that 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.

  1. 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

See also  Schedule 5 Constitution of South Africa 1996

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.

  1. 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;

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

See also  Section 142-145 Constitution of South Africa 1996

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

  1. Whenever this section requires information to be given to a person, that information must be given in a language that the person understands.
  2. 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.

See also:

Section 33 Constitution of South Africa 1996

Section 34 Constitution of South Africa 1996

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Inioluwa Olaposi

Hi. I am Inioluwa Olaposi, a legal-tech enthusiast interested in human development. I tweet sometimes.

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