'Legal Aid' in document 'South Africa: Constitution'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2
Bill of Rights (ss 7-39)

35 Arrested, detained and accused persons

(2) Everyone who is detained, including every sentenced prisoner, has the right-

(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;

Chapter 2
Bill of Rights (ss 7-39)

35 Arrested, detained and accused persons

(3) Every accused person has a right to a fair trial, which includes the right

(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;

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it