, CPR3701 Assignment 1 Semester 2 2025 - DUE 27 August 2025; 100%
CORRECT AND TRUSTED SOLUTIONS
Scenario
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
“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.
Required: Critically evaluate and discuss the merits of A’s contention. (7)
A’s contention rests on the constitutional guarantee in section 35(1)(d)(i) of the
Constitution of the Republic of South Africa, 1996, which states that 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
(or, if the 48 hours expire outside court hours, on the next court day). This right is
echoed in section 50(1)(d) of the Criminal Procedure Act 51 of 1977 (CPA). The
CORRECT AND TRUSTED SOLUTIONS
Scenario
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
“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.
Required: Critically evaluate and discuss the merits of A’s contention. (7)
A’s contention rests on the constitutional guarantee in section 35(1)(d)(i) of the
Constitution of the Republic of South Africa, 1996, which states that 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
(or, if the 48 hours expire outside court hours, on the next court day). This right is
echoed in section 50(1)(d) of the Criminal Procedure Act 51 of 1977 (CPA). The
