n South African Journal of Criminal Justice - Criminal procedure : recent cases

Volume 26, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The founding provisions of the Constitution of the Republic of South Africa, 1996 make clear that human dignity and freedom are fundamental values (s 1(a)). These values are protected in s 12(1)(a) which proscribes deprivation of freedom which is arbitrary or without just cause; in s 12(1)(e) which proscribes being treated in a cruel, inhuman or degrading manner; and in s 35(1) which delineates the rights of arrested persons.

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