You have the constitutional right to remain silent when arrested. Anything you say can and will be used against you. You do not have to answer police questions without a lawyer present.
FreeSouth African Law3 related guides
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.
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“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.”
What to Do
Step-by-Step Guide
1When arrested, say clearly: "I am exercising my right to silence. I wish to speak to a lawyer before answering any questions."
2Do not volunteer any information about what happened, where you were, or who you were with. Even innocent explanations can be misquoted or used against you.
3Confirm your identity if asked (name and address for booking purposes) — but go no further until you have legal advice.
4Request a lawyer immediately. If you cannot afford one, request Legal Aid. The police must facilitate this.
5Any confession made without this warning is inadmissible in court unless the State can prove it was freely and voluntarily given with full awareness of your rights.
What to Say
Exact Words to Use
“"I am exercising my right to silence under Section 35(1)(b) of the Constitution. I do not wish to answer any questions. I request access to a lawyer immediately."”
Tone: Calm, clear, repeated if pressured — do not argue
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.
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.
Get Help Now
Resources & Helplines
Legal Aid SA
0800 110 110
Free legal representation for accused who cannot afford a lawyer.
Knowing the law is step one. The Advocate has scenarios on Criminal Procedure — practise the exact words to use, with audio, law references, and Scripture. Free to start.