South Africa Case Law

Nel v Le Roux NO and Others (CCT30/95)

Nel v Le Roux NO and Others (CCT30/95) [1996] ZACC 6; 1996 (4) BCLR 592; 1996 (3) SA 562 (4 April 1996)

Court

Constitutional Court

Case number

CCT30/95

Judges

Ackermann, Chaskalson, Mahomed, Didcott, Kriegler, Langa, Madala, Mokgoro, O'Regan, Sachs

Section 205 of the Criminal Procedure Act, when properly construed in light of the Constitution, does not compel an examinee to answer questions that would unjustifiably infringe constitutional rights. The 'just excuse' exception in section 189(1) provides sufficient protection, and any compulsion to answer must be justified under section 33(1) of the Constitution. The summary imprisonment procedure is not a criminal trial and does not violate fair trial rights or the right not to be detained without trial. Section 205 proceedings are judicial, not administrative, and the presiding officer is…

Source excerpt

• Compelled Testimony
• Privilege Against Self Incrimination
• Fair Trial Rights
• Summary Imprisonment
• Administration Of Justice