CPR3701
Assignment 1
Semester 2 2025
Due 2025
, CPR3701
Assignment 1
Semester 2
Due August 2025
Question 1: Alleged Violation of A’s Right to Appear in Court Within 48 Hours
Issue
Whether A’s constitutional and statutory rights were violated when he was brought
before court ten weeks after arrest, and whether such delay justifies striking the matter
off the roll.
Legal Framework
Section 35(1)(d)(i) of the Constitution guarantees 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 reinforces this requirement, but provides for exceptions
where the 48-hour period expires outside of ordinary court hours or when the arrested
person is medically unfit to appear.
The Constitutional Court in S v Mthethwa 2004 (1) SACR 449 (CC) clarified that the
48-hour requirement is subject to what is “reasonably possible,” particularly in the
presence of exceptional circumstances such as medical incapacity. However, the Court
also emphasized that delays must be objectively justified and cannot be indefinite.
Application
A was shot and hospitalized immediately following his arrest, making it factually and
medically impossible for him to appear in court within 48 hours. This scenario falls
squarely within the exception contemplated by section 50(1)(d) of the CPA.
Assignment 1
Semester 2 2025
Due 2025
, CPR3701
Assignment 1
Semester 2
Due August 2025
Question 1: Alleged Violation of A’s Right to Appear in Court Within 48 Hours
Issue
Whether A’s constitutional and statutory rights were violated when he was brought
before court ten weeks after arrest, and whether such delay justifies striking the matter
off the roll.
Legal Framework
Section 35(1)(d)(i) of the Constitution guarantees 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 reinforces this requirement, but provides for exceptions
where the 48-hour period expires outside of ordinary court hours or when the arrested
person is medically unfit to appear.
The Constitutional Court in S v Mthethwa 2004 (1) SACR 449 (CC) clarified that the
48-hour requirement is subject to what is “reasonably possible,” particularly in the
presence of exceptional circumstances such as medical incapacity. However, the Court
also emphasized that delays must be objectively justified and cannot be indefinite.
Application
A was shot and hospitalized immediately following his arrest, making it factually and
medically impossible for him to appear in court within 48 hours. This scenario falls
squarely within the exception contemplated by section 50(1)(d) of the CPA.
