A lot of South African Police Services officials are getting away with aggravating trauma and distress to unsuspecting and innocent citizens by unlawfully arresting and detaining them. Below I will provide essential tips to safeguard your rights and safety, should you find yourself in that predicament.
“Unlawful Arrest”:
This is defined as an arrest through which a person is arrested by an arresting officer without any reasonable or justifiable grounds, to an extent whereby an arresting officer cannot even provide a causal link between the act of misconduct/crime and the accused person.
How to handle an Unlawful Arrest:
1. Know your Constitutional rights:
- Request for a pen and paper (if not, memorize what transpired), take note of each and everything that takes place as well as the details of all involved people including the location where this is taking place.
- Recall that, it is the arresting officer’s responsibility to prove you are guilty, not your duty to prove that you are innocent.
- Request to get in touch with a legal representative. You have a right to a lawyer.
- Take notes on whether you were shown a warrant of arrest or not, whether you were informed of your rights, as well as your specific rights to apply for bail and access to a bail attorney.
- Write down all details of how you were mishandled (if applicable).
- Write down the names of the officers involved as well as their badge and car registration numbers, the names and contact details of witnesses, and photographs of your injuries.
2. Your Rights:
- Right to remain silent.
- The Arresting Officer must inform you of your rights.
- The Right not to be forced to make a confession.
- The Right to contact a bail lawyer and to commence with bail proceedings.
- The police have 48 hours (or until the conclusion of the first working day after the weekend) to bring the matter to court.
APPLYING FOR BAIL:
Legislation prescribes that once you are arrested and taken to the police station, you should be given an opportunity to make a phone call. Use that one phone call to get in touch with a Legal Representative (I suggest Manzankosi Corporate Legal Consultancy) or contact someone to get a hold of us, if you don’t have our contact details at the time. We will ensure that we delegate an Attorney to come and Institute the bail application procedure.
LEGAL ASSISTANCE:
If you are looking to lay a charge against a police officer/s for wrongful arrest and institute a civil claim for damages against the officers and the Minister of Police for loss of income, damage to reputation, physical injury, etc. Contact Manzankosi Corporate Legal Consultancy on 067 147 2323/081 712 1114 or email info@manzankosiclc.co.za.
