Nel v Le Roux NO and Others is a 1996 decision of the Constitutional Court of South Africa in the area of criminal procedure.

The court held unanimously that the summary imprisonment of recalcitrant witnesses in section 205 examinations was consistent with the Interim Constitution.

The subpoena alerted Nel that he was required to provide information concerning, inter alia, his association with Hoogakker and his acquisition of a property in Spain.

Nel believed that his answers to this line of questioning would expose him to civil forfeitures in terms of the exchange control regulations.

Writing on behalf of a unanimous court, Justice Laurie Ackermann dismissed the application, finding that section 205 of the CPA was consistent with the Interim Constitution.

[1][2] Commentators have argued that the court's finding on the scope of section 25(3) results in a situation in which persons are afforded constitutional protection in inverse proportion to the "arbitrariness or informality" of the sentencing proceedings.