Every person has the right to personal liberty, which includes the right not to
be detained without trial or without just cause. Furthermore, no person may
be imprisoned for not doing what they undertook to do in terms of a contract.
This means that no one can be imprisoned for failing to pay a debt.
Rights of arrested and detained persons
The rights in this section include the right:
• to be informed of the reason for arrest or detention;
• to legal representation;
• not to be forced to make an admission or confession;
• to be informed of the rights of an arrested or detained person;
• to remain silent;
• to contact their next of kin;
• not to be unduly deprived of their liberty;
• to challenge the lawfulness of the arrest or detention; and
• to be treated humanely and with respect.
In addition, any person who is arrested or detained must be taken to court as
soon as possible. This may not be later than 48 hours after they were arrested or
detained, whether or not the period ends on a Saturday, Sunday or public
holiday. A person who is not brought to court within that period should be
released.
Right to human dignity
Every person has inherent dignity in their private and public life and the right to
have that dignity respected and protected.
This right is heavily emphasized in the Constitution. Not only does it appear as a
right on its own in section 51, it is also a part of the founding values and principles
in section 3. As already noted, human dignity is one of the values that the court
must take into account when interpreting the Constitution.
Right to personal security
Every person has the right to control and make decisions about their bodies and
minds. This includes:
the right to be free from violence;
the right to make choices concerning reproduction; and
the right not to be subjected to scientific or medical experimentation, or to the
removal or use of bodily tissue without informed consent.
Freedom from torture or cruel, inhuman or degrading treatment or
punishment
No person may be tortured physically or psychologically. No person may be
treated or punished in a way that is cruel, inhuman or degrading.
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