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 2 related guides
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.
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Your Legal Foundation

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

What to Do Right Now

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
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
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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.
Can the police arrest me without a warrant?
Yes, in certain circumstances. Section 40 of the Criminal Procedure Act allows warrantless arrest where a police officer reasonably suspects you have committed a Schedule 1 offence (which includes serious crimes like murder, robbery, and assault with grievous bodily harm). For minor matters, a warrant is usually required. An unlawful warrantless arrest does not automatically make you guilty — challenge it through your lawyer.
How long can the police hold me before bringing me to court?
Section 35(1)(d) of the Constitution requires you to be brought before a court as soon as reasonably possible, and not later than 48 hours after arrest — or the first court day after the 48 hours if it expires outside court hours. Holding you beyond 48 hours without a court appearance is unlawful. Your lawyer can apply for your immediate release.
What if I was not read my rights at the time of arrest?
The police are required under Section 35(1)(b) to inform you of your right to silence and its consequences at the time of arrest. Failure to do so does not automatically make your arrest unlawful, but it may allow your lawyer to apply for the exclusion of any evidence or statements obtained as a result of that failure under Section 35(5) of the Constitution.

Resources & Helplines

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Practice Exactly What to Say
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