Chapter 2: Bill of Rights
Just administrative action
33.
(1)
(2)
(3)
Everyone has the right to administrative action that is lawful, reasonable and
procedurally fair.
Everyone whose rights have been adversely affected by administrative action has
the right to be given written reasons.
National legislation must be enacted to give effect to these rights, and must—
(a) provide for the review of administrative action by a court or, where
appropriate, an independent and impartial tribunal;
(b) impose a duty on the state to give effect to the rights in subsections (1) and
(2); and
(c) promote an efficient administration.
Access to courts
34.
Everyone has the right to have any dispute that can be resolved by the application of law
decided in a fair public hearing before a court or, where appropriate, another independent
and impartial tribunal or forum.
Arrested, detained and accused persons
35.
(1)
Everyone who is arrested for allegedly committing an offence has the right—
(a) to remain silent;
(b) to be informed promptly—
(i) of the right to remain silent; and
(ii) of the consequences of not remaining silent;
(c) not to be compelled to make any confession or admission that could be used in
evidence against that person;
(d) to be brought before a court as soon as reasonably possible, but not later
than—
(i) 48 hours after the arrest; or
(ii) the end of the first court day after the expiry of the 48 hours, if the 48
hours expire outside ordinary court hours or on a day which is not an
ordinary court day;
(e) at the first court appearance after being arrested, to be charged or to be
informed of the reason for the detention to continue, or to be released; and
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