CRIMINAL PROCEDURE AND EVIDENCE ACT
(7) A person who has been detained following an arrest, under this Act or any other enactment and whether with or without warrant, shall be accorded, by the person for the time being
in charge of the place where he or she is being detained, the right to—
(a) be informed promptly of the reason for his or her detention; and
(b) consult in private with a registered legal practitioner of his or her choice, and to be
informed of this right promptly; and
(c) communicate with, and be visited by—
(i) a spouse or partner; and
(ii) a relative; and
(iii) a religious counsellor of his or her choice; and
(iv) a registered legal practitioner of his or her choice; and
(v) a registered medical practitioner of his or her choice; and
(vi) subject to any reasonable restrictions imposed for the proper administration of the
place of detention, any other person of his or her choice;
and to be informed of this right promptly; and
(d) to remain silent and to be informed of this right, and of the consequences of exercising
or not exercising this right, if there is reason to believe that he or she may not be aware
of it.
(8) The person for the time being in charge of the place where a person is being detained
following his or her arrest, under this Act or any other enactment and whether with or without
warrant, shall ensure that the conditions of detention are consistent with human dignity, including—
(a) the affording of a reasonable opportunity for the detained person to engage in physical
exercise; and
(b) the right of the detained person to wear clothing of his or her choice, unless—
(i) the exercise of the right is likely to prejudice his or her health or the reasonable
requirements of discipline in the place where he or she is detained; or
(ii) the clothing is required for the purposes of any investigation or inquiry;
whereupon, in either case, he or she must be provided with decent alternative clothing
to wear; and
(c) the provision, at State expense, of—
(i) adequate accommodation; and
(ii) adequate ablution facilities and other facilities for maintaining personal hygiene;
and
(iii) adequate nutrition; and
(iv) appropriate reading material; and
(v) adequate medical treatment; and
(vi) such other facilities as may be prescribed.
(9) A person who is being detained following his or her arrest, under this Act or any other
enactment and whether with or without warrant, shall be entitled to challenge the lawfulness of
the detention in person before a court, and the person for the time being in charge of the place
where he or she is being detained shall cause him or her to be informed of this right promptly.
[Section inserted by section 13 of Act No. 2 of 2016]
41B Bodily samples for investigation purposes
(1) An authorised person may take a bodily sample of a person or group of persons, or supervise the taking of a bodily sample from any person, if the person or persons concerned
consent to such sample being taken at the verbal or written request of a peace officer who is
satisfied that there are reasonable grounds—
(a) to suspect that the person, or any one or more persons in a group of persons, has committed an offence; or
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