CRIMINIAL PROCEDURE – CPR3701
Assignment 01 - 820936
Student Number:
50938363
, 1
Question 1
1. The Importance of the South African Legal system
- South Africa has a relatively well developed and modern criminal justice system which
draws its roots from a blend of Roman Dutch and English law and has, over the
years, drawn and borrowed from a variety of respected international legal
systems.
- The Constitution (Act No 108 of 1996), the foundation upon which our criminal justice
system rests, was designed to provide a system of human rights either not previously
available to all citizens or not entrenched in law.
- It sets the core values upon which the system is based and guides our courts in
interpreting and implementing laws.
- The Constitution has been criticized for being unfairly biased and protecting the
offender at the cost of the victim.
- Whilst accused persons certainly do enjoy specific rights, the Constitution seeks to
protect all persons within the Republic. An integral part of the Constitution is the Bill of
Rights which seeks to protect the individual against the abuse of power held by the
State.
Key Protections include:
- Freedom and Security of the Person (Section 12)This includes the Right not to be
detained without trial and not to be punished in a cruel or degrading way
Privacy (Section 14):
- This includes the Right not to have your person or home searched, your property
seized and your communications intercepted
Access to Information (Section 32):
- Persons have the Right to access information held by the State
Arrested, Detained and Accused Persons (Section 35):
- There are a number of rights dealing with the various stages of the Criminal
Justice System. Without listing all of them, they include the right to remain
silent; have legal representation; to communicate with your spouse, partner
or doctor etc.; to a public trial; to a speedy trial; and to present and challenge
evidence
CRIMINIAL PROCEDURE – CPR3701 | Assignment 01 - 820936
Assignment 01 - 820936
Student Number:
50938363
, 1
Question 1
1. The Importance of the South African Legal system
- South Africa has a relatively well developed and modern criminal justice system which
draws its roots from a blend of Roman Dutch and English law and has, over the
years, drawn and borrowed from a variety of respected international legal
systems.
- The Constitution (Act No 108 of 1996), the foundation upon which our criminal justice
system rests, was designed to provide a system of human rights either not previously
available to all citizens or not entrenched in law.
- It sets the core values upon which the system is based and guides our courts in
interpreting and implementing laws.
- The Constitution has been criticized for being unfairly biased and protecting the
offender at the cost of the victim.
- Whilst accused persons certainly do enjoy specific rights, the Constitution seeks to
protect all persons within the Republic. An integral part of the Constitution is the Bill of
Rights which seeks to protect the individual against the abuse of power held by the
State.
Key Protections include:
- Freedom and Security of the Person (Section 12)This includes the Right not to be
detained without trial and not to be punished in a cruel or degrading way
Privacy (Section 14):
- This includes the Right not to have your person or home searched, your property
seized and your communications intercepted
Access to Information (Section 32):
- Persons have the Right to access information held by the State
Arrested, Detained and Accused Persons (Section 35):
- There are a number of rights dealing with the various stages of the Criminal
Justice System. Without listing all of them, they include the right to remain
silent; have legal representation; to communicate with your spouse, partner
or doctor etc.; to a public trial; to a speedy trial; and to present and challenge
evidence
CRIMINIAL PROCEDURE – CPR3701 | Assignment 01 - 820936
