Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Constitutional Law [1996] ZACC 6

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)

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…

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

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.