The Fallacy
Investigative Convenience over Rights Fallacy
The police imply that informing you of the reason for arrest is something that can wait — that it is a procedural step to be handled later rather than a right to be respected immediately. This is constitutionally false. The right to be informed of the reason for arrest exists precisely at the moment of arrest — before you go anywhere. Compliance with the arrest does not waive this right.
What the Law Says
Your Legal Foundation
Constitution of Zambia 1991 (as amended)
Article 13(2) — Right to be Informed of Reason for Arrest
“Every person who is arrested or detained shall be informed promptly, in a language that they understand, of the reason for their arrest or detention.”
You have a constitutional right to be told why you are being arrested at the time of arrest — not at the station, not later. Calmly and firmly ask: 'What is the reason for my arrest?' and note the response.
Criminal Procedure Code Cap. 88
Section 24 — Arrest Procedure
“A person making an arrest shall inform the person being arrested of the cause of the arrest unless the person is pursued immediately after committing a crime.”
Both the Constitution and the Criminal Procedure Code require you to be told the cause of arrest. The exception for 'hot pursuit' is narrow — it does not apply to a planned arrest operation.
Constitution of Zambia 1991 (as amended)
Article 13(3) — Right to Silence
“Every person who is arrested or detained has the right to remain silent and to be warned that anything they say may be used as evidence against them.”
You have the right to remain silent from the moment of arrest. Exercise it. Say: 'I am exercising my right to silence. I will not answer questions until I have spoken to a lawyer.' Then be consistent.
What Scripture Says
God's Word on This
Acts 22:25 (NIV)
“As they stretched him out to flog him, Paul said to the centurion standing there, 'Is it legal for you to flog a Roman citizen who hasn't even been found guilty?'”
Paul did not silently submit to unlawful treatment — he invoked his rights immediately and calmly. He did not resist physically; he spoke the law into the situation. You have the same right: to calmly assert your constitutional rights at the moment they are being violated.
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You Know the Law — But Do You Know What to Say?
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What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “We are arresting you on suspicion — we don't need to give a specific reason.”
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They might say: “You are resisting arrest by asking questions — that's another offence.”
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