top of page
griffin jd.jpg

PROJECT: PREMATURE ARRESTS

YOU MAY SHARE THIS PUBLIC DOCUMENT

 

In the context of South Africa, the issue of premature arrests and unfounded charges against citizens is a serious concern that raises questions about police accountability and the protection of individual rights. It is important to address this issue to ensure that law enforcement agencies, particularly the South African Police Service (SAPS), act within the bounds of the law and respect citizens' rights.


 

Preventing Premature Arrests:

  • SAPS must ensure that any arrest is based on substantial evidence and reasonable suspicion.

  • The legal requirement for arrest, as outlined in the Criminal Procedure Act, should be strictly adhered to.

  • Emphasize the importance of exhausting alternative legal methods, such as issuing a summons or subpoena, when the suspect has a fixed address and cooperates.


Legal Safeguards:

  • SAPS officers should be adequately trained on the legal requirements for making arrests, emphasizing the need for substantiated evidence.

  • Regular training programs for law enforcement personnel regarding the proper handling of investigations and arrests to avoid unlawful actions.

  • Clear guidelines for officers to follow when considering an arrest to ensure compliance with the law.


Unlawful Arrests and Civil Claims:

  • Individuals who have been unlawfully arrested should be informed about their rights to pursue a civil claim against the state for damages.

  • Establish a transparent and accessible process for citizens to file complaints against unlawful arrests, including a dedicated ombudsman or oversight body.

  • SAPS should conduct internal investigations into unlawful arrests and take appropriate disciplinary action against officers found guilty of abuse of power.


Legal Representation and Safeguarding Rights:

  • Encourage individuals to seek legal representation promptly upon arrest to safeguard their rights.

  • Legal representatives should be given access to their clients during detention to assess the grounds for the

  • arrest.

  • The SAPS should cooperate with legal professionals and provide the necessary documentation to expedite the release of individuals in cases of unfounded charges.


Public Awareness and Education:

  • Conduct public awareness campaigns to educate citizens about their rights during arrests and the legal recourse available to them in case of unlawful detention.

  • Enhance community-police relations through engagement and dialogue to build trust and cooperation.


Ongoing Monitoring and Accountability:

  • Establish an independent oversight body to monitor and assess police conduct, particularly concerning arrests and detentions.

  • Regularly review and update arrest policies and procedures based on evolving legal standards and human rights principles.

 

If you believe you have been prematurely arrested, it is important to follow the legal procedures to address the situation.


Here are some steps you can consider taking:


Remain Calm:

  • It is crucial to remain calm and cooperative during the arrest.

  • Resisting arrest or becoming confrontational can escalate the situation.


Ask for the Reason:

  • Politely ask the arresting officers for the reason behind your arrest.

  • The police are generally required to inform you of the charges against you.


Rights and Legal Representation:

  • You have the right to remain silent, and you should exercise this right until you have consulted with an attorney.

  • You also have the right to legal representation, so ask to have a lawyer present during any questioning.


Contact a Lawyer:

  • If you do not already have a lawyer, ask for one or have a family member or friend contact a legal professional on your behalf.

  • They can provide guidance on your rights and help you navigate the legal process.


Inform Someone:

  • Let a family member or friend know about your situation as soon as possible.

  • They can help arrange legal representation and support you during the process.


Document the Arrest:

  • If possible, try to document the arrest.

  • This may include taking note of the time, location, and names or badge numbers of the arresting officers.

  • However, prioritise your safety and follow instructions from law enforcement.


Bail Hearing:

  • Since the SAPS has the authority to arrest you notwithstanding, and if you are arrested, you have the right to a prompt bail hearing within 48 hours.

  • During the bail hearing, you or your lawyer can present arguments for your release before trial.


File a Complaint:

  • If you believe the arrest was unjust or involved misconduct, you can file a complaint with the Independent Police Investigative Directorate (IPID) in South Africa.

  • They investigate complaints of police misconduct.


Court Proceedings:

  • Attend all court proceedings as required.

  • Your lawyer will guide you through the legal process, and you will have the opportunity to present your case.


Remember that legal procedures may vary, and it's essential to consult with a legal professional for advice tailored to your specific situation.


Always cooperate with law enforcement within the bounds of your rights and seek legal assistance promptly.


 

Addressing these issues can contribute to strengthening the rule of law, protecting individual rights, and enhancing police accountability


 

IPID CONTACT DETAILS:

Email Address: complaints@ipid.gov.za

Contact Number: (012) 399 0000


 

Specialised Security Services invites the public to the Mike Bolhuis Daily Projects WhatsApp Group. This group is important in delivering insights into the latest crime trends, awareness, warnings and the exposure of criminals.


HOW TO JOIN THE MIKE BOLHUIS DAILY PROJECTS WHATSAPP GROUP:

• Follow the link to our WhatsApp group:

• "JOIN" to ensure you never miss our daily updates.

• You will receive automatic notifications as soon as a new project is posted.

 

CONTACT MR MIKE BOLHUIS FOR SAFETY AND SECURITY MEASURES, PROTECTION, OR AN INVESTIGATION IF NEEDED.


ALL INFORMATION RECEIVED WILL BE TREATED IN THE STRICTEST CONFIDENTIALITY AND EVERY IDENTITY WILL BE PROTECTED.

 

Regards,

Mike Bolhuis

Specialist Investigators into

Serious Violent, Serious Economic Crimes & Serious Cybercrimes

PSIRA Reg. 1590364/421949

Mobile: +27 82 447 6116

Fax: 086 585 4924

Follow us on Facebook to view our projects -


EXTREMELY IMPORTANT: All potential clients need to be aware that owing to the nature of our work as specialist investigators there are people who have been caught on the wrong side of the law - who are trying to discredit me - Mike Bolhuis and my organisation Specialised Security Services - to get themselves off the hook. This retaliation happens on social media and creates doubt about our integrity and ability. Doubt created on social media platforms is both unwarranted and untrue. We strongly recommend that you make up your minds concerning me and our organisation only after considering all the factual information - to the exclusion of hearsay and assumptions. Furthermore, you are welcome to address your concerns directly with me should you still be unsatisfied with your conclusions. While the internet provides a lot of valuable information, it is also a platform that distributes a lot of false information. The distribution of false information, fake news, slander and hate speech constitutes a crime that can be prosecuted by law. Your own research discretion and discernment are imperative when choosing what and what not to believe.


STANDARD RULES APPLY: Upon appointment, we require a formal mandate with detailed instructions. Please take note that should you not make use of our services – you may not under any circumstance use my name or the name of my organisation as a means to achieve whatever end.


POPI ACT 4 of 2013 South Africa: Mike Bolhuis' "Specialised Security Services" falls under Section 6 of the act. Read more here:

 

SSS TASK TEAM:

 
 

Copyright © 2015- PRESENT | Mike Bolhuis Specialised Security Services | All rights reserved.


Our mailing address is:

Mike Bolhuis Specialised Security Services

PO Box 15075 Lynn East

Pretoria, Gauteng 0039

South Africa

Add us to your address book


THIS PUBLIC DOCUMENT WAS INTENDED TO BE SHARED, PLEASE DO SO.

1 view0 comments

Recent Posts

See All

Comments


bottom of page