PRELIMINARY REMARKS

Abstract

In the jurisprudence of the Court of Human Rights and of the Constitutional Court the right to counsel, and the consequent right of counsel to defend, forms part of the accused’s right of defence and is inherent in the due process of law as a result of the requirement of equality of arms. Th e right of defence, in as much as it is incumbent on the lawyer, involves freedom of action and an especially reinforced freedom of speech.