WHAT ARE MY RIGHTS IN AN UNLAWFUL ARREST?

In South Africa, the Constitution guarantees the rights of all individuals, including those who have been arrested. However, it is essential to know your rights to protect yourself during an unlawful arrest.

YOUR RIGHTS DURING AN ARREST If you are arrested in South Africa, you have several rights that must be respected by the police officers. These include:

1) You have the right to remain silent and not answer any questions. This right is essential as anything you say can be used as evidence against you.
2) You have the right to an attorney, and the police officer must inform you of this right. If you cannot afford an attorney, one will be provided for you.
3)The police officer must inform you of the reasons for your arrest as soon as possible.
4)You have the right to be treated with dignity and respect, and the police officer must not use any unnecessary force.
5) If you require medical assistance, the police officer must provide it.

WHAT TO DO IF YOU ARE UNLAWFULLY ARRESTED

If you believe that you have been unlawfully arrested in South Africa, you should take the following steps:

1) Remain calm and do not resist the arrest. 2) Ask the police officer why you are being arrested.
3) Request to speak to an attorney.
4) Obtain the name and badge number of the arresting officer.
5) Collect evidence such as witness statements, photographs, or videos. 6) Report the incident to the Independent Police Investigative Directorate