Know Your Rights When Arrested in South Africa

Being arrested can be frightening, but it’s important to remember: you have rights, and the police must respect them.

Here’s a quick breakdown of what you need to know:

1. You Have the Right to Remain Silent

   You are not required to answer questions beyond providing your name and address. Anything you say can be used against you in court, so it’s often wise to wait for legal representation before speaking.

   
   

   You Have the Right to be Informed of the Reason

2. The police must clearly inform you of the reason for your arrest at the time of the arrest—this is a constitutional right.

   
   

3. You Have the Right to Legal Representation

   You have the right to contact a lawyer of your choice. If you’re detained, the police must give you a chance to contact your lawyer as soon as possible.

   
   

4. You Must Be Brought to Court Within 48 Hours

   After arrest, the police must bring you before a magistrate within 48 hours (excluding weekends and public holidays). If this does not happen, your detention becomes unlawful.

   
   

5. You Cannot Be Assaulted or Mistreated

   Police brutality is illegal. If you are harmed, report it immediately to your lawyer or the Independent Police Investigative Directorate (IPID).

   
   

Tip: Always stay calm, don’t resist arrest, and ask to contact your lawyer immediately. If your rights are violated, you may have grounds for a legal claim.

For legal assistance, contact Tsiri Washington Chambers . Your justice is our mission.