Criminal Defence in KwaZulu-Natal: Courts, Rights and What to Do

KwaZulu-Natal criminal courts

KwaZulu-Natal has Magistrates' Courts in Durban, Pietermaritzburg, Richards Bay, Newcastle, Ladysmith, Port Shepstone and many other towns and areas. Most criminal matters begin at the Magistrates' Court closest to where the arrest occurred.

More serious offences are heard by the Regional Courts in Durban, Pietermaritzburg, Richards Bay and other centres. The most serious matters go to the KwaZulu-Natal Division of the High Court, which sits in Pietermaritzburg (the provincial capital) and in Durban.

Your rights when arrested in KwaZulu-Natal

Section 35 of the Constitution applies throughout South Africa. Your constitutional rights as an arrested person are the same whether you are arrested in Durban, Pietermaritzburg, Richards Bay or any other part of KwaZulu-Natal.

• The right to remain silent and not to be compelled to make a confession or admission.
• The right to be told promptly why you have been arrested.
• The right to consult with a legal practitioner of your choice.
• The right to appear before a court within 48 hours of arrest.
• The right to be presumed innocent until proven guilty.

The first court appearance in KwaZulu-Natal

After arrest in KwaZulu-Natal, the accused must be brought before a Magistrates' Court within 48 hours. The first appearance deals with the formal charge, bail, and the first postponement.

Bail is dealt with under the Criminal Procedure Act 51 of 1977. For Schedule 5 and 6 offences, the accused carries a heavier burden to justify release. Having an attorney prepared before the first court appearance is important to ensure the bail application is properly presented.

The KwaZulu-Natal Division of the High Court

The KwaZulu-Natal Division of the High Court has its main seat in Pietermaritzburg and a local seat in Durban. The Durban seat is one of the busiest High Courts in South Africa. It hears serious criminal trials, appeals from the lower courts, and bail review applications.

Cases are assigned based on the location of the offence and where the accused is detained.

Getting criminal defence help in KwaZulu-Natal

Leoni Naude Inc Attorneys assists clients across South Africa, including in KwaZulu-Natal, through online consultations and remote legal assistance where permitted. Our criminal defence practice is led by a former public prosecutor.

If you or a family member faces criminal charges anywhere in KwaZulu-Natal, contact us to discuss the matter and understand your options.