, CPR3701 ASSIGNMENT 1 SEMESTER 2 2025 – FULLY
ANSWERED (DUE 27 AUGUST 2025)
Question 1 Model Answer
Issue
The issue is whether A’s constitutional right to be brought
before court within 48 hours after arrest (as per s 35(1)(d)(i) of
the Constitution and s 50(1)(d) of the Criminal Procedure Act
(CPA)) was violated, given that he was hospitalized for ten
weeks before his first appearance.
Legal Framework
1. Section 35(1)(d)(i) of the Constitution of the Republic of
South Africa, 1996 provides 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.”
2. Section 50(1)(d) of the CPA reiterates this requirement.
3. The purpose of this right is to ensure:
o protection against unlawful detention,
o judicial oversight of arrests, and
o safeguarding the liberty and dignity of accused
persons.
ANSWERED (DUE 27 AUGUST 2025)
Question 1 Model Answer
Issue
The issue is whether A’s constitutional right to be brought
before court within 48 hours after arrest (as per s 35(1)(d)(i) of
the Constitution and s 50(1)(d) of the Criminal Procedure Act
(CPA)) was violated, given that he was hospitalized for ten
weeks before his first appearance.
Legal Framework
1. Section 35(1)(d)(i) of the Constitution of the Republic of
South Africa, 1996 provides 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.”
2. Section 50(1)(d) of the CPA reiterates this requirement.
3. The purpose of this right is to ensure:
o protection against unlawful detention,
o judicial oversight of arrests, and
o safeguarding the liberty and dignity of accused
persons.
