, CPR3701 ASSIGNMENT 1 SEMESTER 2 2025 – FULLY
ANSWERED (DUE 27 AUGUST 2025)
Question 1
Issue:
The question is whether A’s constitutional right to appear in
court within 48 hours of arrest (s 35(1)(d)(i) Constitution, s
50(1)(d) CPA) was violated when he only appeared ten weeks
later, having first been hospitalized.
Relevant Law:
Section 35(1)(d)(i) of the Constitution guarantees that an
arrested person must be brought before court “as soon as
reasonably possible, but not later than 48 hours” after
arrest.
Section 50(1)(d) of the CPA echoes this requirement.
Purpose of the right: It protects personal freedom,
ensures judicial oversight of detention, and prevents abuse
of power by the police.
Limitation clause (s 36 of the Constitution): Rights may be
limited only if reasonable and justifiable.
Case law:
o S v Sebejan 1997 (1) SACR 626 (W) – delay beyond 48
hours violates the Constitution unless justified.
ANSWERED (DUE 27 AUGUST 2025)
Question 1
Issue:
The question is whether A’s constitutional right to appear in
court within 48 hours of arrest (s 35(1)(d)(i) Constitution, s
50(1)(d) CPA) was violated when he only appeared ten weeks
later, having first been hospitalized.
Relevant Law:
Section 35(1)(d)(i) of the Constitution guarantees that an
arrested person must be brought before court “as soon as
reasonably possible, but not later than 48 hours” after
arrest.
Section 50(1)(d) of the CPA echoes this requirement.
Purpose of the right: It protects personal freedom,
ensures judicial oversight of detention, and prevents abuse
of power by the police.
Limitation clause (s 36 of the Constitution): Rights may be
limited only if reasonable and justifiable.
Case law:
o S v Sebejan 1997 (1) SACR 626 (W) – delay beyond 48
hours violates the Constitution unless justified.
