Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/8

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

(c)

be furnished with reasons in writing for administrative action which affects any of his or her rights or interests unless the reasons for such action have been made public; and

(d)

administrative action which is justifiable in relation to the reasons given for it where any of his or her rights is affected or threatened.

Detained, arrested and accused persons

25. (1) Every person who is detained, including every sentenced prisoner, shall have the right—

(a)

to be informed promptly in a language which he or she understands of the reason for his or her detention;

(b)

to be detained under conditions consonant with human dignity, which shall include at least the provision of adequate nutrition, reading material and medical treatment at state expense;

(c)

to consult with a legal practitioner of his or her choice, to be informed of this right promptly and, where substantial injustice would otherwise result, to be provided with the services of a legal practitioner by the state;

(d)

to be given the opportunity to communicate with, and to be visited by, his or her spouse or partner, next-of-kin, religious counsellor and a medical practitioner of his or her choice; and

(e)

to challenge the lawfulness of his or her detention in person before a court of law and to be released if such detention is unlawful.

(2) Every person arrested for the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right—

(a)

promptly to be informed, in a language which he or she understands, that he or she has the right to remain silent and to be warned of the consequences of making any statement;

(b)

as soon as it is reasonably possible, but not later than 48 hours after the arrest or, if the said period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expiry, to be brought before an ordinary court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be entitled to be released;

(c)

not to be compelled to make a·confession or admission which could be used in evidence against him or her; and

(d)

to be released from detention with or without bail, unless the interests of justice require otherwise.

(3) Every accused person shall have the right to a fair trial, which shall include the right—

(a)

to a public trial before an ordinary court of law within a reasonable time after having been charged;

(b)

to be informed with sufficient particularity of the charge;

(c)

to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during trial;

(d)

to adduce and challenge evidence, and not to be a compellable witness against himself or herself;

(e)

to be represented by a legal practitioner of his or her choice or, where substantial injustice would otherwise result, to be provided with legal representation at state expense, and to be informed of these rights;

(f)

not to be convicted of an offence in respect of any act or omission which was not an offence at the time it was committed, and not to be sentenced to a more severe punishment than that which was applicable when the offence was committed;

(g)

not to be tried again for any offence of which he or she has previously been convicted or acquitted;

(h)

to have recourse by way of appeal or review to a higher court than the court of first instance;

(i)

to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her; and

(j)

to be sentenced within a reasonable time after conviction.