Direct Answer
Section 35(1)(b) of the Constitution guarantees the right to remain silent on arrest and to be warned that anything you say may be used against you in court. You do not have to answer any questions — including your name and address — beyond what is required for booking, until you have spoken to a lawyer.
What the Law Says
Your Legal Foundation
Constitution of South Africa
Section 35(1)(b)
“Everyone who is arrested for allegedly committing an offence has the right to remain silent; and to be informed promptly of the right to remain silent and the consequences of not remaining silent.”
Constitution of South Africa
Section 35(1)(c)
“Everyone who is arrested has the right not to be compelled to make any confession or admission that could be used in evidence against that person.”
Criminal Procedure Act 51 of 1977
Section 217
“Evidence of any confession made by any person in relation to the commission of any offence shall, if such confession is proved to have been freely and voluntarily made, be admissible in evidence.”
Common Questions
Frequently Asked Questions
Can the police threaten me to get a statement?
No. Any statement obtained through threats, inducements, or violence is inadmissible and the officers can face criminal charges. If this happens, tell your lawyer immediately — it can result in the entire case being thrown out.
If I remain silent, will it look like I'm guilty?
The right to silence exists precisely so that silence cannot be used as evidence of guilt. A prosecutor cannot tell the court "the accused stayed silent, so they must be guilty." Your silence protects you — use it.
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