Section 8(1) of the Constitution, the bill of rights ‘binds the legislature, the executive, the judiciary and all organs of state'. The intention of this provision is to curb state power in order to prevent state organs from infringing upon rights of persons that are protected by the bill of rights.<span>section 35(3)(c)
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The second inquiry is against whom the accused can assert this right. In terms of section 8(1) of the Constitution, the bill of rights ‘binds the legislature, the executive, the judiciary and all organs of state'. The intention of this provision is to curb state power in order to prevent state organs from infringing upon rights of persons that are protected by the bill of rights.
Section 35 regulates how state organs have to perform their duties in relation to the investigation of crime and how criminal trials should be conducted. There are potentially four state organs against whom these rights can be asserted:
- the legislature is bound to make criminal laws that are in conformity with the fundamental rights, which are guaranteed by this provision;
- the prosecuting authority is bound to conduct its criminal investigations and the institution of criminal proceedings in a manner that respects all these rights;
- the criminal police (as part of the executive branch) that assists the prosecutors with criminal investigations and who have the power of arrest in order to secure public safety is also bound by these rights, and
- the judges presiding in the trial must also conduct their powers to be in accordance with these rights.
The second inquiry is against whom the accused can assert this right. In terms of section 8(1) of the Constitution, the bill of rights ‘binds the legislature, the executive, the judiciary and all organs of state'. The intention of this provision is to curb state power in order to prevent state organs from infringing upon rights of persons that are protected by the bill of rights.
Section 35 regulates how state organs have to perform their duties in relation to the investigation of crime and how criminal trials should be conducted. There are potentially four state organs against whom these rights can be asserted:
- the legislature is bound to make criminal laws that are in conformity with the fundamental rights, which are guaranteed by this provision;
- the prosecuting authority is bound to conduct its criminal investigations and the institution of criminal proceedings in a manner that respects all these rights;
- the criminal police (as part of the executive branch) that assists the prosecutors with criminal investigations and who have the power of arrest in order to secure public safety is also bound by these rights, and
- the judges presiding in the trial must also conduct their powers to be in accordance with these rights.
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