CPR3701 Assignment 1 Semester 2 2025 (Exceptionally Crafted) Due August 2025

CPR3701
Assignment 1
Semester 2 2025
Due 2025

, CPR3701

Assignment 1

Semester 2 2025

Due 2025



Criminal Procedure



Question 1: Alleged Violation of A’s Right to Appear in Court Within 48 Hours



Issue

Whether A’s appearance in court ten weeks after his arrest, following hospitalization,
constitutes a violation of his right under section 35(1)(d)(i) of the Constitution and
section 50(1)(d) of the Criminal Procedure Act 51 of 1977 (CPA).

Legal Framework

Section 35(1)(d)(i) of the Constitution provides that every arrested person must be
brought before a court "as soon as reasonably possible, but not later than 48 hours after
the arrest."
Section 50(1)(d) of the CPA echoes this requirement, allowing limited exceptions where:

• The 48-hour period expires outside ordinary court hours or on a non-court day; or

• The arrested person is medically unfit to attend court.

In S v Mthethwa 2004 (1) SACR 449 (CC), the Constitutional Court affirmed that while
the 48-hour rule is fundamental, it is not absolute. Medical incapacity may justify delay,
but such delay must be objectively reasonable and strictly limited to the period of
incapacity.