Direct Answer
Section 14 of the Constitution protects your right to privacy, which includes the right not to be searched without a warrant. Police may conduct a warrantless search only in specific circumstances — when they have reason to believe a warrant would be defeated by delay, or under Section 22 of the Criminal Procedure Act. You can challenge an unlawful search in court.
What the Law Says
Your Legal Foundation
Constitution of South Africa
Section 14
“Everyone has the right to privacy, which includes the right not to have their person or home searched; their property searched; their possessions seized; or the privacy of their communications infringed.”
Criminal Procedure Act 51 of 1977
Section 21
“A magistrate or judge may issue a search warrant authorising a police official to search any person or premises and to seize articles.”
Criminal Procedure Act 51 of 1977
Section 22
“A police official may without a search warrant search any person or premises or seize any article if the person concerned consents; or if the official believes a search warrant would be issued but delay would defeat the object.”
Common Questions
Frequently Asked Questions
Can police search my car without a warrant?
Yes, in certain circumstances. Under Section 22 of the CPA, police may search a vehicle without a warrant if they have reasonable grounds to believe it contains something connected to a crime and delay would defeat the search. Road blocks authorised under the SAPS Act are also lawful. However, a random search based on no more than your appearance is unlawful.
What if police find something during an unlawful search?
The court can exclude illegally obtained evidence under Section 35(5) of the Constitution if admitting it would render the trial unfair or bring the administration of justice into disrepute. Raise this with your lawyer immediately.
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