CPR3701
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, QUESTION 1 — Constitutional Right to Court Appearance within 48 hours
Relevant law:
Section 35(1)(d) of the Constitution → every arrested person must be brought
before a court “as soon as reasonably possible, but not later than 48 hours” after
arrest.
Section 50(1)(d) of the Criminal Procedure Act (CPA) → gives practical
procedure for court appearance time limits.
Exemptions: If the 48 hours expire outside court hours, the accused must
appear the next court day.
Case law:
o S v Shabalala → Failure to bring an accused within 48 hours is a
constitutional breach, but does not automatically nullify the prosecution —
remedies depend on prejudice suffered.
o S v Radebe → Detention beyond 48 hours without lawful justification can
lead to unlawful detention claims.
Application to facts:
A was injured and placed in hospital — but 10 weeks passed before court
appearance.
Hospitalisation does not automatically suspend the 48-hour rule unless there
is lawful justification (e.g., medical inability to appear, arrangements for bedside
court proceedings).
If the state made no attempt to arrange a court appearance (even via video link
or bedside), that’s a violation.
Remedy: The case will not necessarily be struck off the roll unless A can show
that the delay compromised his fair trial rights or is an abuse of process (Wild
v Hoffert).
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, QUESTION 1 — Constitutional Right to Court Appearance within 48 hours
Relevant law:
Section 35(1)(d) of the Constitution → every arrested person must be brought
before a court “as soon as reasonably possible, but not later than 48 hours” after
arrest.
Section 50(1)(d) of the Criminal Procedure Act (CPA) → gives practical
procedure for court appearance time limits.
Exemptions: If the 48 hours expire outside court hours, the accused must
appear the next court day.
Case law:
o S v Shabalala → Failure to bring an accused within 48 hours is a
constitutional breach, but does not automatically nullify the prosecution —
remedies depend on prejudice suffered.
o S v Radebe → Detention beyond 48 hours without lawful justification can
lead to unlawful detention claims.
Application to facts:
A was injured and placed in hospital — but 10 weeks passed before court
appearance.
Hospitalisation does not automatically suspend the 48-hour rule unless there
is lawful justification (e.g., medical inability to appear, arrangements for bedside
court proceedings).
If the state made no attempt to arrange a court appearance (even via video link
or bedside), that’s a violation.
Remedy: The case will not necessarily be struck off the roll unless A can show
that the delay compromised his fair trial rights or is an abuse of process (Wild
v Hoffert).
