LLexiSA

Criminal Law

Facing Criminal Charges

Everyone arrested in South Africa has constitutional rights: to remain silent, to be informed of the charge, to appear in court within 48 hours, to legal representation (including Legal Aid where substantial injustice would otherwise result), and to be presumed innocent. The Criminal Procedure Act 51 of 1977 governs the process from arrest to trial.

Key facts

  • You must be brought to court within 48 hours of arrest (extended over weekends to the next court day).
  • You have the right to remain silent — anything you say may be used in evidence.
  • Legal Aid South Africa provides free representation if you cannot afford a lawyer.
  • You are entitled to disclosure of the docket contents before trial (subject to limited exceptions).

The law that applies

  • Constitution, 1996 — s 35 (rights of arrested, detained and accused persons)
  • Criminal Procedure Act 51 of 1977 — ss 35, 50, 60, 73

Leading cases

S v Zuma 1995 (2) SA 642 (CC)

The presumption of innocence is fundamental; reverse-onus provisions are constitutionally suspect.

Shabalala v Attorney-General, Transvaal 1996 (1) SA 725 (CC)

Accused persons are ordinarily entitled to access the police docket for a fair trial.

Practical steps

  1. Exercise your right to silence; do not make a statement without legal advice.
  2. Contact a lawyer or request Legal Aid at your first appearance.
  3. Apply for bail at the earliest opportunity.
  4. Request docket disclosure before pleading.

Frequently asked questions

The police did not read me my rights. Will my case be thrown out?

Not automatically. But evidence obtained in violation of your rights (for example a confession without warning) may be excluded under s 35(5) of the Constitution, which can significantly weaken the State's case.

How does this apply to your situation?

Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.

Ask about criminal law

This guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.