Criminal Law In South Africa: What The Constitution Says

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Section 35 of the Constitution of the Republic of South Africa Act 108 of 1996 (throughout this blog, it will just be referred to as 'the Constitution') is the cornerstone of Criminal Law in South Africa as it deals with the rights of arrested, detained and accused persons. We've all often heard of the praise (read phrase) that our Constitution is the best in the world, that is because not only does it recognize and protect the rights of citizens but also whoever finds themselves in the land, legally or otherwise.

Alleged criminals are no exception either owing to our stringent belief in "innocent until proven guilty", now let's look at this section in detail. s35(1) reads that "everyone who is arrested for allegedly committing an offence has the right—

(a) to remain silent;

b) to be informed promptly— 

     (i) of the right to remain silent; and 

     (ii) of the consequences of not remaining silent;"


American movies are a perfect depiction of this when arresting a suspect and they let them know that "you have the right to remain silent, anything you say can and will be used against you in a court of law". This is our reality. 

Princess Fikile Monareng is a BA in International Relations graduate and currently, an LLB student who has an interest in not only the Law but in History and Politics as well. Outside of class, she takes long walks that lead nowhere really with her sweet dog, Rosa and in the process, a few beautiful pictures come out as a result. Naturally, coffee and books are of importance to her.

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