,CPR3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025
- DUE 27 August 2025 ;100% trusted ,comprehensive and complete
reliable solution with clear explanation
Three assailants, A, B and C are engaged in an armed robbery at one of
the jewellery stores in the newly-built Mall For All shopping centre.
During the ensuing fracas, a firefight ensues as the security guards
employed by the shopping centre attempt to foil the robbery. F, one of
the security guards, orders A, who is cornered inside the store to
surrender. However, A responds by running out of the jewellery store
towards an opposite exit of the shopping centre. Still in hot pursuit, F
issues three instructions to A to stop, but A continues running away in
the opposite direction. F thereupon takes out his firearm, and shoots at A
(who, at this point is about 10 metres away from F), hitting him on his
left shoulder. A is, thereupon apprehended by F. Meanwhile, B and C
make away with an undisclosed amount in fine jewellery and cash.
QUESTION 1
1. “In terms of s 35(1)(d)(i) of the Constitution and section 50(1)(d) of
the CPA, everyone who is arrested for allegedly committing an offence
has the right to be brought before a court as soon as reasonably possible,
but not later than 48 hours after the arrest” After A’s arrest, he is placed
in hospital where he is recuperating from his injuries. He is only made to
appear in court ten weeks after his initial arrest. Upon his first
appearance in court, A instructs his attorney L, to apply for the case to
be ‘struck off the roll’ on the grounds that his Constitutional right to
appear before court within 48 hours has been violated. Critically
evaluate and discuss the merits of A’s contention.
, To assess the merits of A’s contention that his constitutional right
under section 35(1)(d)(i) of the Constitution and section 50(1)(d) of
the Criminal Procedure Act (CPA) has been violated due to his
appearance in court ten weeks after arrest, we must examine the law, its
purpose, and how it applies in this particular case.
Relevant Legal Framework
1. Section 35(1)(d)(i) of the Constitution of the Republic of South
Africa, 1996
This provision guarantees that:
“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 48 hours after the arrest...”
2. Section 50(1)(d) of the Criminal Procedure Act 51 of 1977
This section provides that:
An arrested person must be brought before a lower court as soon as
reasonably possible, but not later than 48 hours after arrest (excluding
non-court days).
Purpose of the 48-hour Rule
It protects the liberty and due process rights of arrested persons.
- DUE 27 August 2025 ;100% trusted ,comprehensive and complete
reliable solution with clear explanation
Three assailants, A, B and C are engaged in an armed robbery at one of
the jewellery stores in the newly-built Mall For All shopping centre.
During the ensuing fracas, a firefight ensues as the security guards
employed by the shopping centre attempt to foil the robbery. F, one of
the security guards, orders A, who is cornered inside the store to
surrender. However, A responds by running out of the jewellery store
towards an opposite exit of the shopping centre. Still in hot pursuit, F
issues three instructions to A to stop, but A continues running away in
the opposite direction. F thereupon takes out his firearm, and shoots at A
(who, at this point is about 10 metres away from F), hitting him on his
left shoulder. A is, thereupon apprehended by F. Meanwhile, B and C
make away with an undisclosed amount in fine jewellery and cash.
QUESTION 1
1. “In terms of s 35(1)(d)(i) of the Constitution and section 50(1)(d) of
the CPA, everyone who is arrested for allegedly committing an offence
has the right to be brought before a court as soon as reasonably possible,
but not later than 48 hours after the arrest” After A’s arrest, he is placed
in hospital where he is recuperating from his injuries. He is only made to
appear in court ten weeks after his initial arrest. Upon his first
appearance in court, A instructs his attorney L, to apply for the case to
be ‘struck off the roll’ on the grounds that his Constitutional right to
appear before court within 48 hours has been violated. Critically
evaluate and discuss the merits of A’s contention.
, To assess the merits of A’s contention that his constitutional right
under section 35(1)(d)(i) of the Constitution and section 50(1)(d) of
the Criminal Procedure Act (CPA) has been violated due to his
appearance in court ten weeks after arrest, we must examine the law, its
purpose, and how it applies in this particular case.
Relevant Legal Framework
1. Section 35(1)(d)(i) of the Constitution of the Republic of South
Africa, 1996
This provision guarantees that:
“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 48 hours after the arrest...”
2. Section 50(1)(d) of the Criminal Procedure Act 51 of 1977
This section provides that:
An arrested person must be brought before a lower court as soon as
reasonably possible, but not later than 48 hours after arrest (excluding
non-court days).
Purpose of the 48-hour Rule
It protects the liberty and due process rights of arrested persons.
