Presumption of innocence

South Africa

Constitution of the Republic of South Africa

Chapter 2
Bill of Rights (ss 7-39)

35 Arrested, detained and accused persons

(3) Every accused person has a right to a fair trial, which includes the right

(h) to be presumed innocent, to remain silent, and not to testify during the
proceedings;

Rome Statute

Article 66 Presumption of innocence

1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

2. The onus is on the Prosecutor to prove the guilt of the accused.

3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.