section 35 of the Constitution

Rights afforded in terms of section 5(3) of the Constitution do not apply to a person who is not an accused person, meaning such a person cannot invoke section 35 of the Constitution but may invoke section 3(4).

“the rights afforded in terms of section 5(3) of the Constitution do not apply to a person who is not an accused person. So she can invoke section 35 of the Constitution, but she may invoke 3(4).”