Tortoise
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Section 35 rights
35. Arrested, detained and accused persons.-
(i) Everyone who is arrested for allegedly committing an offence has the right-
(a) to remain silent;
(b) to be informed promptly-
(i) of the right to remain silent; and
(ii) 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.
(2) Everyone who is detained, including every sentenced prisoner, has the right-
(a) to be informed promptly of the reason for being detained;
(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;
(d) to challenge the lawfulness of the detention in person before a court and, if the:detention is unlawful, to be released;
http://www.gov.za/sites/www.gov.za/files/images/a108-96.pdf
My note - this only refers to arrests, so how can they claim he had those rights? They were only taking a witness statement. This is bollocks. Come on Galloway!
35. Arrested, detained and accused persons.-
(i) Everyone who is arrested for allegedly committing an offence has the right-
(a) to remain silent;
(b) to be informed promptly-
(i) of the right to remain silent; and
(ii) 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.
(2) Everyone who is detained, including every sentenced prisoner, has the right-
(a) to be informed promptly of the reason for being detained;
(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;
(d) to challenge the lawfulness of the detention in person before a court and, if the:detention is unlawful, to be released;
http://www.gov.za/sites/www.gov.za/files/images/a108-96.pdf
My note - this only refers to arrests, so how can they claim he had those rights? They were only taking a witness statement. This is bollocks. Come on Galloway!
