South Africa

Constitution of the Republic of South Africa

Chapter 2
Bill of Rights (ss 7-39)

35 Arrested, detained and accused persons

(1) Everyone who is arrested for allegedly committing an offence has the right-

(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.

Keywords

Rights during investigation - arbitrary arrest or detention and deprivation of liberty



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