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Filter: Unlawfull arrest
Lawyer Arrested for Speeding: Was it a Lawful Arrest?

05 February 2026

The social fabric of the South African society continues to be tainted by high crime rates, domestic violence, and gender-based... violence. The South African Police Service (“SAPS”) carries a constitutional and statutory responsibility to combat crime and maintain public order. Unfortunately, wrongful arrests remain a persistent problem in South Africa. On numerous occasions, citizens are arrested, detained, humiliated, and exposed to public embarrassment in circumstances where such arrests were not legally justified. This article examines when an arrest may be considered wrongful, with reference to the recent case of Zilwa v Member of the Executive Council for the Department of Transport and Public Works and Another.

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Unlawful Arrests and your rights

06 December 2024,  Hesri Eloff

In South Africa, the process of making arrests is governed by the Criminal Procedure Act 51 of 1977 as amended... (CPA), which outlines the legal framework for law enforcement officials when apprehending individuals suspected of committing crimes. This legislation ensures that arrests are carried out in a manner that upholds the rights of the accused, while also safeguarding public safety and maintaining order. The CPA sets clear guidelines on when and how an arrest may be made, the powers granted to police officers, and the procedures that must be followed to ensure the arrest is lawful. Understanding the principles enshrined in this act is crucial for both legal professionals and the public, as it aims to balance the interests of justice with the protection of constitutional rights.

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