Know your rights

Your Rights in South Africa

What the Constitution and the law allow you to do when police stop, search or arrest you — in plain language, with the numbers to call when it goes wrong.

When police stop you

  • Ask for the officer’s name, rank and station, and note the patrol or vehicle number.
  • You may be asked to identify yourself. Give your name and address; you do not have to answer any further questions.
  • You do not have to agree to a search unless the officer has a warrant, your consent, or a law that allows the search, such as a vehicle check at a roadblock.
  • Stay calm and keep your hands visible. Do not resist physically — argue the law later, in court or through a complaint.

If you are arrested

  • The officer must tell you why you are being arrested, in a language you understand.
  • You must be taken to a police station and appear in court within 48 hours, or on the next court day if the 48 hours end on a weekend or public holiday.
  • You must be allowed to phone a family member, a friend or a lawyer, and to see a doctor if you are injured.
  • You may apply for bail at any time, and you are presumed innocent until the court finds otherwise.
  • Force may only be used to make the arrest if you resist, and never more than necessary.

Your right to remain silent

  • You may not be forced to make a confession or an admission, and anything said under torture or threats may not be used against you.
  • You have the right to a lawyer before you answer questions, and to have that lawyer present during any interview.
  • If you cannot afford a lawyer, you can apply for legal aid — the state must provide one where the interests of justice require it.
  • You may not be kept incommunicado: you must be allowed to consult a lawyer in private.

Search of your person, home or car

  • A search of your home needs a warrant, your permission, or a specific law that allows entry without one.
  • You are entitled to see the warrant and to know what is being searched for.
  • A strip search must be done by an officer of the same sex, in private, and on the authority of a station commander.
  • Ask for a receipt for anything taken from you, and note the names of everyone present.
  • You may refuse a search of your phone unless an officer has a warrant or you are formally arrested and the search is authorised by law.

Bail and your first court appearance

  • Bail is a amount paid to secure your release while your case continues; it is not a fine and it is not a guilty plea.
  • The court weighs whether you are a flight risk, whether you will interfere with witnesses, and the seriousness of the charge.
  • You may not be refused bail simply because you cannot afford the amount — tell the court what you can pay.
  • Bring your ID, an address, proof of employment and, where you can, a surety.

If the person arrested is a child

  • A child under 10 years old cannot be charged with a crime.
  • A child must be held separately from adults, and a parent or guardian must be told immediately.
  • The Child Justice Act requires a child to be assessed before appearing in the child justice court.
  • A child has the right to a lawyer at the state’s expense where needed, and to have a parent present during questioning.

Domestic violence and protection orders

  • The Domestic Violence Act allows anyone in a domestic relationship to apply for a protection order at the nearest magistrate’s court — free of charge, and without a lawyer.
  • A police officer must help you open a case, take your statement and give you the case number, and tell you about the protection order option.
  • An interim order can be granted the same day and a return date is set within about 10 days.
  • Breach of a protection order is a criminal offence — report it at the same station and quote the order number.
  • Rape and sexual assault survivors are entitled to a private room, a female officer on request, and a forensic examination.

Complaining about police conduct

  • You can lay a complaint of misconduct, assault or corruption at the station’s complaints desk, in writing, and keep a copy.
  • Independent Police Investigative Directorate (IPID) handles deaths in custody, torture, rape and serious assault by police — call 0800 111 236.
  • Give your case and station name, dates, times, officer names and any photographs or witnesses.
  • You may also complain to the station commander, the provincial commissioner or the Public Protector.

Please note

BHUTI publishes general information about South African law. It is not legal advice and does not replace an attorney. If you are facing an arrest, a charge or a court date, speak to a Legal Expert or to Legal Aid SA.

Where to get help

Legal Aid SAFree legal help if you cannot afford an attorney0800 110 110IPIDComplaints about police conduct0800 111 236GBV Command CentreGender-based violence, 24 hours0800 428 428PoliceEmergencies and case numbers10111Emergency (cell)Free from any cellphone112Crime StopAnonymous information08600 10111