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.