Crisis Guide

Arrested Without Being Told Why — Your Rights

Police must tell you why you are being arrested — right away, in a language you understand. If they refused, your Section 35 rights were violated. Here is exactly what to say and do.

Free South African Law

Do not say anything.

Invoke your right to silence immediately. Everything you say can be used against you. Request a lawyer before answering any questions.

Direct Answer

Section 35(1)(b) of the Constitution gives you the right to be informed of the reason for your arrest in a language you understand. You also have the right to remain silent and the right to a lawyer. Invoke all three immediately.

What the Law Says

Your Legal Foundation

Constitution of South Africa

Section 35(1)

“Everyone who is arrested for allegedly committing an offence has the right — (a) to remain silent; (b) to be informed promptly of the right to remain silent, and the consequences of not remaining silent; (c) not to be compelled to make any confession or admission that could be used in evidence against that person; (d) to be brought before a court as soon as reasonably possible, but not later than 48 hours after the arrest.”

Criminal Procedure Act 51 of 1977

Section 39(2)

“The arrestor shall, at the time of the arrest or immediately thereafter, inform the person arrested of the cause of the arrest.”

Immediate Steps

What to Do Right Now

1Say these words clearly: "I am invoking my right to remain silent and my right to legal representation. I will not answer any questions or make any statement until I have spoken to a lawyer." Then stay silent.
2Ask directly: "Am I under arrest?" If yes, ask: "What is the reason for my arrest?" The police are legally required to tell you.
3Do not sign anything. Not a statement, not a warning, nothing — until you have spoken to a lawyer.
4Request to contact Legal Aid SA (0800 110 110) or a private attorney. The police must allow you to make this contact.
5You must be brought before a court within 48 hours of your arrest. If this does not happen, you are entitled to bail proceedings.
6When you get legal advice, give your lawyer a full account of everything that happened — including any questions that were asked and what (if anything) you said.

What to Say

Exact Words to Use

“"I am invoking my right to remain silent under Section 35(1)(a) of the Constitution. I want to speak to a lawyer before I answer any questions or make any statement."”

Tone: Calm, clear, say it once — then stay silent

Common Questions

Frequently Asked Questions

Can the police force me to unlock my phone?

Generally, no. They can search your phone in certain circumstances (incident to lawful arrest if they have reason to believe it contains evidence), but compelling you to give your password or biometric to unlock it is more complex. The right to remain silent and the privilege against self-incrimination likely cover compelled disclosure of passwords. This is still developing in South African case law — silence is safest.

What if the police ignore my request for a lawyer?

Document it and inform your lawyer when you eventually speak to one. Evidence obtained in violation of your constitutional rights can be excluded from court proceedings under Section 35(5) of the Constitution. Your lawyer can apply for this exclusion.

Get Help Now

Resources & Helplines

Legal Aid SA

0800 110 110

Free legal representation. Request them immediately on arrest.
SAHRC

011 877 3600

Report rights violations by police during arrest.

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