A, B, C and D allegedly rob a Town Bank, which is located in the city of Cape Town. Members of the South African Police Services (SAPS) are called to the scene of the crime, during which a shoot-out ensues between police and the robbers. Two of the robbers, A and B manage to escape with an undisclosed amount of the loot. C who is holed up inside the bank, is arrested by Sgt. F, whilst trying to walk out through the main door of the bank. D (who is unarmed) is ordered by Capt. G to surrender. D declines the order, and instead runs away in the opposite direction. H, a client of the bank (and, a civilian), who just happened to be present on the scene, produces his licenced firearm and fires a shot into D's back, critically wounding him. H arrests D and hands him over to G for detention. An R4 Rifle which was allegedly used by the assailants is found abandoned on the floor of the bank.

2.1 In the course of the investigations, Sergeant V sets out to interrogate C, in order to obtain more information regarding the crime committed. However, C asserts his "right to remain silent", and also insists that as a "free citizen", V does not have the right to question him (C). Discuss whether C's assertions are correct. (10)

2.2 After arrest, but before his first court appearance, C requests to be afforded the opportunity to be represented by an attorney, but is informed by Sergent V that the right to legal representation "strictly speaking ...only applies during actual court proceedings". Fully discuss the accuracy and implications of V's assertion. (10)

Answer rating: 100% (QA)

21 Cs assertions that he has the right to remain silent and that Sergeant V does not have the right to question him as a free citizen need to be examined in the context of the South African legal syst... View the full answer