Arrestee’s rights in South Africa

If you are arrested in South Africa, you have rights from the moment of arrest. You also need to make careful practical decisions quickly: what to say, who to call, where you are being held, when you must appear in court, and whether bail or release from custody can be considered.

Quick answer: what should an arrested person do first?

• stay calm and do not resist arrest;
• ask why you are being arrested;
• exercise the right to remain silent unless advised otherwise;
• ask to contact a lawyer or a trusted family member;
• avoid signing or making a statement you do not understand;
• note the police station, officer details, time of arrest and any force used;
• get advice on whether bail, police bail, prosecutor bail or court bail may be possible.

Section 35 of the Constitution protects arrested, detained and accused persons. These rights include the right to remain silent, the right to be informed of the reason for arrest, the right to legal representation, and the right to be brought before court as soon as reasonably possible.

How this connects to bail

Rights and bail are connected, but they are not the same issue. Rights protect the arrested person’s treatment and the fairness of the process. Bail deals with whether the person can be released from custody while the criminal case continues.

For urgent bail guidance, read what to do if someone is arrested and our formal bail application procedure. For a broader rights discussion, read rights of the accused.

What if the arrest may be unlawful?

If the concern is unlawful arrest, excessive force, detention conditions or police brutality, that is no longer only a bail question. It may require criminal-defence and civil-claim advice. See CDA’s guide to unlawful arrest, detention and police brutality.