Constitution of the Republic of South Africa, Act 108 of 1996
Chapter 2: Bill of Rights
(2) Everyone who is detained, including every sentenced prisoner, has the right—
(b) to choose, and to consult with, a legal practitioner, and to be informed of this
right promptly;
(c) to have a legal practitioner assigned to the detained person by the state and
at state expense, if substantial injustice would otherwise result, and to be
informed of this right promptly;
(3) Every accused person has a right to a fair trial, which includes the right—
(a) to be informed of the charge with sufficient detail to answer it;
(b) to have adequate time and facilities to prepare a defence;
(c) to a public trial before an ordinary court;
(d) to have their trial begin and conclude without unreasonable delay;
(e) to be present when being tried;
(f) to choose, and be represented by, a legal practitioner, and to be informed of
this right promptly;
(g) to have a legal practitioner assigned to the accused person by the state and
at state expense, if substantial injustice would otherwise result, and to be
informed of this right promptly;
(h) to be presumed innocent, to remain silent, and not to testify during the
proceedings;
(i) to adduce and challenge evidence;
(j) not to be compelled to give self-incriminating evidence;
(k) to be tried in a language that the accused person understands or, if that is not
practicable, to have the proceedings interpreted in that language;
(l) not to be convicted for an act or omission that was not an offence under either
national or international law at the time it was committed or omitted;
(m) not to be tried for an offence in respect of an act or omission for which that
person has previously been either acquitted or convicted;
(n) to the benefit of the least severe of the prescribed punishments if the
prescribed punishment for the offence has been changed between the time
that the offence was committed and the time of sentencing; and
(o) of appeal to, or review by, a higher court.
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