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

Volume 26, Issue 2
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The concept of social justice might not belong to the core of criminal procedure, as it is usually sought through the socio-economic rights of housing, health care and environment (ss 26 and 27 of the Constitution of the Republic of South Africa, 1996 - the 'Constitution'). However, here it is argued that the courts' approach to the indigent accused or victim of crime cannot be founded solely on the constitutional principle of a fair trial, but on the objective normative values as established by the Constitution, of human dignity (s 10), equality (s 9), and (which concept denotes in its fundamental sense 'humanity and morality': 1995 (3) SA 391 (CC) at para [308], but is not discussed here).

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