Dealing With the Police

Understand your rights during common interactions with the police and where to seek help.

A police officer stops you while you are driving. Someone asks you to make a statement about a crime. Or you are told that you are under arrest. What should you do, and what rights do you have?

The police have powers to investigate crime and enforce the law, but those powers have legal limits. The Constitution of the Republic of South Africa, 1996 protects rights including dignity, privacy and freedom from arbitrary deprivation of liberty. The Criminal Procedure Act 51 of 1977 regulates important police powers, including searches and arrests. What applies to you depends on the circumstances of the encounter.

What if a police officer stops you?

Stay calm and ask what the officer needs from you. If you are unsure whether the person is a police officer, you can ask to see their appointment certificate (official identification card). The South African Police Service (SAPS) advises that police officers must carry these cards, including officers working in plain clothes.

If an officer gives you a lawful instruction, do not assume that you can ignore it because you disagree with the officer. You can ask questions about the reason for the stop without becoming confrontational.

If you are unsure whether you are being detained, you can respectfully ask: “Am I under arrest, or am I free to leave?” Do not physically resist or attempt to force your way past an officer. If you believe your rights have been violated, record what happened when it is safe to do so and seek advice afterwards.

Can the police search you or your belongings?

You have a constitutional right to privacy, but that does not mean police can never conduct a search. The legal basis for a search matters.

Under the Criminal Procedure Act, a search for certain articles will ordinarily require a warrant, but the Act permits searches without a warrant in specified circumstances. These include where the person entitled to consent gives consent, or where an officer has reasonable grounds to believe that a warrant would be issued and that the delay in obtaining one would defeat the purpose of the search. Other legal provisions may also authorise searches in particular situations.

If an officer wants to search you, your bag or your home, you can ask whether they have a warrant or what legal authority they are relying on. Asking does not necessarily prevent a lawful search. If you believe a search was unlawful, seek legal advice rather than physically resisting it.

What if you are arrested?

Being arrested does not mean that you have been found guilty of a crime. Section 35 of the Constitution gives a person arrested for allegedly committing an offence important rights, including the right to:

• Remain silent and be informed promptly of that right and the consequences of not remaining silent.

• Not be compelled to make a confession or admission that could be used in evidence against them.

• Be brought before a court as soon as reasonably possible, generally no later than 48 hours after arrest. If the 48-hour period expires outside ordinary court hours or on a non-court day, the Constitution provides for appearance by the end of the first court day after that period.

• Be charged, informed of the reason for continued detention or released at the first court appearance.

  
  

A person who is detained also has the right to be informed promptly of the reason for detention, to choose and consult a legal practitioner, and to be informed of that right. The Constitution provides for a state-funded legal practitioner where substantial injustice would otherwise result. This does not mean that every arrested person is automatically entitled to a lawyer of their choice at state expense.

If you are arrested: Ask why you are being arrested, state that you wish to consult a legal practitioner, and tell the police if you need medical attention. Do not sign a document you do not understand. Ask for an explanation or legal assistance.

What if the police ask you to make a statement?

If you witness a crime or report one, an officer may ask you to explain what happened. Give an accurate account of what you personally know, and distinguish between what you saw or heard and what someone else told you.

Before signing a written statement, read it carefully or ask for it to be read or explained to you. If something is incorrect or missing, ask for it to be corrected. Do not guess about details you cannot remember.

If you are suspected of committing an offence, the position is different: the Constitution protects an arrested person’s right to remain silent and not to be compelled to make a confession or admission. Seek legal advice if you are unsure of your position.

How do you report a crime?

If you are a victim of a crime, you can report it at a police station. Reporting a crime is free. SAPS explains that an officer will take a statement, register the case and provide a Crime Administration System (CAS) number for future enquiries. Keep that number and any contact details you receive for the investigating officer.

If there is an emergency or an immediate threat to safety, call 10111. Do not use a website complaint form for an emergency.

What if you believe a police officer acted improperly?

The appropriate complaint route depends on what happened.

If your concern involves poor service, such as failure to assist you or provide feedback, you can raise it with the station commander or use SAPS’s service complaints channels.

The Independent Police Investigative Directorate (IPID) investigates specified serious matters involving SAPS or municipal police officers, including certain allegations of assault, torture, rape and deaths in police custody or resulting from police action. IPID does not handle every complaint about police service delivery. You can check its complaints procedure to see whether your concern falls within its mandate.

If possible, make a note of the date, place, officer’s name or identifying details, witnesses and what occurred. Preserve relevant messages, photographs or medical records. If you were injured, seek medical attention.

Remember: 

Stay safe. Know your rights. Seek help when you need it.

Official Resources and Further Reading

• Constitution of the Republic of South Africa, 1996: Bill of Rights: Read sections 12, 14 and 35 on freedom and security of the person, privacy, and the rights of arrested and detained persons.

• Criminal Procedure Act 51 of 1977: Read the legislation governing matters including search and seizure, arrest and procedures after arrest.

• SAPS: How to Report a Crime: Find out how to report a crime and obtain a case number.

• SAPS: Service Complaints Centre . Find the channels for raising complaints about police service delivery.

• IPID: Check which matters IPID investigates and how to lodge a complaint.

• Legal Aid South Africa: Legal Advice: Find information about accessing legal advice, including its toll-free advice line.

Disclaimer: This article provides general information about South African law and does not constitute legal advice. The information may not apply to your particular circumstances. If you need advice about your situation, consult a qualified legal practitioner or an appropriate legal advice service.