Related Sections
1
INTRODUCTION
2
What is a Constitution?
3
What is a democracy?
4
DEVELOPMENT OF CONSTITUTIONS IN SOUTH AFRICA
5
Codesa
6
The multi-party negotiating process
7
The Constitutional Assembly
8
THE SOUTH AFRICAN CONSTITUTION
9
The relationship between the Constitution and other laws
10
Changing or amending the Constitution
11
The separation of powers
12
The spheres of government
13
SUMMARY OF THE CONSTITUTION
14
Preamble
15
Chapter 1: Founding provisions
22
Chapter 8: Courts and administration of justice
23
Chapter 9: State institutions that support constitutional democracy
31
Indivisibility of rights
80
Problem 1: Taking a case to the South African Human Rights Commission
38
Section 8: Application of the Bill of Rights
39
Section 9: Right to equality
40
Section 10: Right to human dignity
41
Section 11: Right to life
42
Section 12: Freedom and security of the person
43
Section 13: Slavery, servitude and forced labour
44
Section 14: Right to privacy
45
Section 15: Freedom of religion, belief and opinion
46
Section 16: Freedom of speech and expression
47
Section 17: Freedom of assembly, demonstration, picket and petition
48
Section 18: Freedom of association
49
Section 19: Political rights
50
Section 20: Citizenship
51
Section 21: Freedom of movement and residence
52
Section 22: Freedom of trade, occupation and profession
24
Chapter 10: Public administration
25
Chapter 11: Security services
26
Chapter 12: Traditional authorities
27
Chapter 13: Finance
28
Chapter 14: General provisions
29
HUMAN RIGHTS
30
What are human rights?
32
Rights and responsibilities
33
Conflicts in rights
34
International documents on human rights
35
Creating a human rights culture in South Africa
36
SUMMARY OF THE SOUTH AFRICAN BILL OF RIGHTS
37
Section 7: Introduction to the Bill of Rights
21
Chapter 7: Local government
68
Section 38: Enforcing rights
69
Section 39: Interpreting the Bill of Rights
70
PROTECTING HUMAN RIGHTS
71
The Public Protector
72
South African Human Rights Commission (SAHRC)
73
Commission on Gender Equality (CGE)
74
The Auditor General
75
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (Cultural Rights Commission)
76
Independent Electoral Commission (IEC)
77
Independent Communications Authority of South Africa (ICASA)
78
Land Claims Commission (LCC)
79
PROBLEMS
81
Problem 2: Making a complaint to the Public Protector
82
Problem 3: Taking a case to the Commission on Gender Equality
83
Checklist: Reporting human rights complaints
16
Chapter 2: The Bill of Rights
17
Chapter 3: Co-operative government
18
Chapter 4: Parliament
19
Chapter 5: The President and the national executive
20
Chapter 6: Provinces
53
Section 23: Labour relations
54
Section 24: Environment
55
Section 25: Property
56
Section 26: Right of access to housing
57
Section 27: Right of access to health care, food, water and social security
58
Section 28: Children’s rights
59
Section 29: Education
60
Section 30: Language and culture
61
Section 31: Cultural, religious and linguistic communities
62
Section 32: Access to information
63
Section 33: Just administrative action
64
Section 34: Access to courts
65
Section 35: Arrested, detained and accused persons
66
Section 36: Limitations on rights
67
Section 37: States of emergency

Section 35: Arrested, detained and accused persons

ARRESTED PEOPLE

If a person is arrested, they have the right to:

  • Keep silent
  • Be told, in a language that they understand, that they have the right to keep silent and what will happen if they do not keep silent
  • Not to be forced to make a confession or to admit anything that could be used against them during their trial
  • Be taken to court within 48 hours of their arrest
  • Be charged and released, either on warning or on bail, unless there is a good reason to keep the person in jail

DETAINED PEOPLE

If a person is detained (kept in jail or a police cell), either while they are waiting for their trial, or after they have been sentenced, they have the right to:

  • Be told in a language they understand why they are being detained
  • Be informed immediately that they can have a lawyer
  • Choose their lawyer
  • Have the government pay for a state lawyer, if they cannot afford one and injustice might result if they are not given a lawyer
  • Be kept in proper conditions, including being allowed exercise and getting food
  • Accommodation, food, reading material and medical treatment at the state’s expense
  • Speak to and be visited by the person’s husband, wife or partner, their family, a religious counselor, and their own doctor
  • Go to court to challenge the reasons for their detention, and to be released if there are not lawful reasons for being detained

ACCUSED PEOPLE

A person accused of committing a crime must be given a fair trial. This includes the right to:

  • Be treated as an innocent person
  • Be told what the charge is against them
  • Be told that they have a right to a lawyer
  • Their lawyer or a lawyer paid for by the government, if they cannot afford one and injustice might result if they are not given a lawyer
  • Be given enough time to prepare their defence
  • A public trial in an ordinary court
  • Be present during their trial
  • Keep silent
  • Not be forced to give evidence against themselves
  • Call witnesses and challenge any witnesses used against them
  • Be tried in a language that they understand, or to have an interpreter
  • Not be convicted for doing something which became a crime after they did it, in other words, if it was not a crime when they did it
  • Be sentenced within a reasonable time if they are convicted
  • Be sentenced to the least serious punishment, if the punishment for what they have done has changed since they did it
  • Appeal against their conviction and sentence to a higher court
  • Have their case reviewed by a higher court
  • Not be tried twice for the same crime

If the state gets evidence against a person by going against one of their rights, this evidence will not be allowed in court.