REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA to, amongst others, empower a provincial Member of the Executive Council to approve facilities where a termination of pregnancy may take place. Article 7: Right to a fair trial 143. The right of access to our courts is set out in section 34 of the Constitution.87 Section 35(3) enshrines the right to a fair trial.88 It is well established in our courts that presiding officers have a duty to ensure that the accused is informed of his or her rights, including the right to legal representation and that this should be done prior to the commencement of a trial.89 Measures to affirm the independence of the judiciary 144. Our independent judiciary, as one of the three branches of government, has been instrumental in upholding South Africa’s constitutional values such as human dignity, equality and the supremacy of the Constitution. The Constitution 17th Amendment Act and Superior Courts Act, 201390 affirm the independence of the judiciary and acknowledges that the Chief Justice, as the head of the Judiciary, exercises responsibility over the establishment and monitoring of the norms and standards for the exercise of judicial functions and the performance of all courts. Whilst significant progress has been 87 S 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.” 88 S 35(3) “Every accused person has a right to a fair trial, which includes the right(a) to be informed of the charge with sufficient detail to answer it; (b) to have adequate time and facilities to prepare a defence; (c) to a public trial before an ordinary court; (d) to have their trial begin and conclude without unreasonable delay; (e) to be present when being tried; (f) to choose, and be represented by, a legal practitioner, and to be informed of this right promptly; (g) to have a legal practitioner assigned to the accused person by the state and at state expense, substantial injustice would otherwise result, and to be informed of this right promptly; (h) to be presumed innocent, to remain silent, and not to testify during the proceedings; (i) to adduce and challenge evidence; (j) not to be compelled to give self-incriminating evidence; (k) to be tried in a language that the accused person understands or, if that is not practicable, to have the proceedings interpreted in that language; (l) not to be convicted for an act or omission that was not an offence under either national or international law at the time it was committed or omitted; (m) not to be tried for an offence in respect of an act or omission for which that person has previously been either acquitted or convicted; (n) to the benefit of the least severe of the prescribed punishments if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and (o) of appeal to, or review by, a higher court.” 89 90 S V Thusi 2002 (12) BCLR 1274 (N) Act No. 10 of 2013 44