What To Do If You’re Arrested in South Africa: Your Legal Rights and Immediate Actions
Being arrested can be an overwhelming and frightening experience—especially if you are unfamiliar with your rights and the proper legal procedures. In South Africa, where the criminal justice system follows both constitutional and statutory safeguards, knowing what to do if you’re arrested is vital.
At Barter McKellar, we are committed to protecting your rights and ensuring due process. This guide outlines the key steps you should take if you find yourself under arrest in South Africa.
1. Stay Calm and Cooperate
The first and most important rule: stay calm. Panicking or becoming aggressive can escalate the situation. Police officers are legally allowed to use reasonable force if they feel threatened. Avoid confrontation and comply with instructions.
Important Tip: Do not resist arrest, even if you believe it to be wrongful. You will have the opportunity to challenge it legally later.
2. Request the Reason for the Arrest
Under Section 35 of the Constitution, you have the right to be informed of the reason for your arrest. The arresting officer must:
Inform you promptly of the charge or reason for arrest;
Do so in a language that you understand.
If this is not done, the arrest may be deemed unlawful.
3. Exercise Your Right to Remain Silent
You have the right to remain silent. Anything you say can and will be used against you in a court of law. While it may be tempting to explain or justify yourself, doing so without legal counsel can be risky.
Do Not:
Volunteer information
Answer incriminating questions
Sign any documents without consulting your attorney
4. Request Legal Representation Immediately
You have the constitutional right to legal representation. You may:
Call your attorney;
Request that one be provided for you if you cannot afford one (Legal Aid South Africa).
At Barter McKellar, we provide urgent legal assistance for clients arrested in any part of the country. Contact us on [insert emergency legal helpline or email address] for 24/7 support.
5. Understand the Right to Bail
Once arrested, you may be eligible for bail, either at the police station (for minor offences) or in court (for serious offences). You should:
Inquire about your eligibility for police bail;
Attend the first court appearance within 48 hours;
Ask your attorney to prepare a formal bail application if necessary.
Courts consider factors such as the seriousness of the offence, your criminal record, and the likelihood of you fleeing or interfering with witnesses.
6. Document the Arrest Experience
If possible, try to:
Remember the names and badge numbers of arresting officers;
Note the time, place, and manner of your arrest;
Record any mistreatment or abuse.
This information may be crucial in challenging the arrest or lodging complaints with the Independent Police Investigative Directorate (IPID).
7. Know What the Police Can and Cannot Do
Police officers can:
Use reasonable force if necessary;
Search you and your belongings under certain conditions;
Hold you for up to 48 hours before your court appearance.
Police officers cannot:
Assault or torture you;
Deny you access to a lawyer;
Detain you without informing you of your rights.
8. Seek Legal Advice Immediately
Every arrest situation is unique. Having a knowledgeable legal team on your side can make a significant difference. Our team at Barter McKellar specialises in criminal defence and human rights law, ensuring your rights are upheld every step of the way.
Final Thoughts
Being arrested does not mean you are guilty. It simply means that the State has decided to bring an accusation against you. South African law guarantees every person the right to a fair trial, legal representation, and protection against unlawful detention.
If you or a loved one has been arrested, don’t delay. Contact Barter McKellar for immediate legal assistance. We are here to safeguard your rights and defend your freedom.
