It can be intimidating when you interact with law enforcement officers, but it helps if you understand your rights in the situation. Whether it’s while driving, at a roadblock, in public or at home, it’s always good to be empowered with the knowledge of what your rights are.
When a law enforcement officer wants to search you or your house
Sections 10 and 14 of the Constitution state that you have the right to human dignity and the right to privacy, which include the right to have your dignity respected and protected and the right not to have:
The rights contained in sections 10 and 14 of the Constitution aren't absolute and may be limited in terms of section 36 of the Constitution, to the extent that the SAPS or other law enforcement officials are authorised to act in terms of the Criminal Procedure Act 51 of 1977 (the CPA), which permits them to prevent and investigate crime and conduct search and seizures.
A police official may search you or your property without a search warrant for the purposes of seizing an item connected to a crime, if the police official on reasonable grounds believes that a search warrant would be issued if it was applied for, but that the delay in obtaining the search warrant would defeat the purpose of the search.
A woman may only be searched by a female police official.
When a law enforcement officer wants to arrest you
Section 12 of the Constitution states that you have the right to freedom and security, which includes the right:
In addition, section 35(1)(a) to (d) of the Constitution provides that everyone who’s been arrested, including those who’ve been stopped at a roadblock and arrested by the SAPS or other law enforcement agency, have the following rights:
In addition to the above rights, the CPA provides that, if you're arrested:
During a roadblock
The Road Traffic Act 29 of 1989 and the National Road Traffic Act 93 of 1996 empowers traffic officers to hold roadblocks. If you're stopped at a roadblock:
The South African Police Services Act 68 of 1995 empowers the National or Provincial Police Commissioner to authorise roadblocks at which you and your vehicle may be searched. If you're stopped at such a roadblock you have the right to ask to see the written approval for the roadblock from the National or Provincial Police Commissioner.
How can I report misconduct by a law enforcement officer?
You can lodge your complaint with the Policing Complaints Centre or you can call the complaints line on 021 483 4332, or the Western Cape Police Ombudsman.
Make sure you’ve taken note of the following to assist you when reporting the incident:
Code of ethics
The South African Police Services have a code of ethics, which underpins the way in which every member of the SAPS should behave. The key principles of the code of ethics are integrity, respect for diversity, obedience of the law, service excellence and public approval.
Your basic human rights
Everyone has basic human rights that are enshrined in the Bill of Rights, which can be found in Chapter 2 of the Constitution.
If you feel your human rights are being violated, you can contact the South African Human Rights Commission.
Disclaimer: The above information is provided for informational purposes only and not as legal advice. You should contact an attorney if you need legal advice about a particular incident or problem.