'Rights during investigation - legal assistance' in document 'South Africa: Constitution'

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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-

(b) to choose, and to consult with, a legal practitioner, 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