Know your rights.
A plain-English guide to unlawful arrest and detention in South Africa, grounded in the Constitution, the Criminal Procedure Act and leading authorities.
Yes — but only within the strict tests set out in section 40 of the Criminal Procedure Act 51 of 1977. In Minister of Safety and Security v Sekhoto 2011 (5) SA 367 (SCA) the Supreme Court of Appeal confirmed four jurisdictional facts that must be met: (i) the arrestor must be a peace officer; (ii) the officer must entertain a suspicion; (iii) that suspicion must be that the person committed a Schedule 1 offence; and (iv) the suspicion must rest on reasonable grounds. Even where those facts are present, the officer retains a discretion which must be exercised properly.
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