If you are arrested: you have the right to remain silent, must be brought before a court within 48 hours, and may not be forced to confess. These rights ar...
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 35 Says
(1) Everyone who is arrested for allegedly committing an offence has the right— (a) to remain silent; (b) to be informed promptly of the right to remain silent, and of the consequences of not remaining silent; (c) not to be compelled to make any confession or admission that could be used in evidence against that person; (d) to be brought before a court as soon as reasonably possible, but not later than— (i) 48 hours after the arrest; or (ii) the end of the first court day after the expiry of the 48 hours, if the 48 hours expire outside ordinary court hours or on a day which is not an ordinary court day; (e) at the first court appearance after being arrested, to be charged or to be informed of the reason for the detention to continue, or to be released; and (f) to be released from detention if the interests of justice permit, subject to reasonable conditions.
What This Means for You
Plain-Language Explanation
Practical Significance
If you are arrested: you have the right to remain silent, must be brought before a court within 48 hours, and may not be forced to confess. These rights are absolute and apply regardless of what you are accused of.
How to Use This Right
Practical Steps
1When arrested, state clearly: "I am exercising my right to silence under Section 35(1)(b). I request access to a lawyer."
2Do not answer any questions about the alleged offence until you have spoken to a lawyer.
3At first court appearance, apply for bail and request Legal Aid if you cannot afford an attorney.
Common Questions
Frequently Asked Questions
How long can police hold me before taking me to court?
Section 35(1)(d) requires you to be brought before a court within 48 hours of arrest, or by the end of the first court day after that if 48 hours expires outside court hours. Holding you longer without a court appearance is unconstitutional.
Can a confession made under pressure be used in court?
No. Section 35(1)(c) prohibits compelled confessions. Evidence obtained through threats, torture, or other coercion is inadmissible. A court will exclude such evidence, and the officers responsible may face criminal charges.
The Advocate gives you 149 real South African scenarios — with exact rebuttals grounded in the Constitution, statute law, and Scripture. Know your rights. Know your word.