Arrest, Search & Seizure
Included below are:
Arrest and detention of suspects
On the 19th of November 2019, a set of orders relating to arrest and detention was circulated by the National Commissioner of Police, General Sitole. The orders stress that arresting someone constitutes one of the most drastic infringements of the rights of an individual and a member should therefore regard it as a last resort.
The orders clearly state that arresting people to meet performance targets must stop immediately, and that any arrest without a warrant is unlawful.
The full orders are below and worth noting and distributing.
Section 11 (a) and (g) of Act 140 of 1992
In 2016, sections 11(a) and (g) of the Drugs and Drug Trafficking Act (140 of 1992) were ruled unconstitutional by Constitutional Court Ruling in Case CCT 253/15 Minister of Police and Others v Kunjana  ZACC 21.
The judgement aligned Act 140 of 1992 with Act 51 of 1997, The Criminal Procedure Act. The same burden of procedure now applies to drug-related searches as any other search. In 2016 we held a meeting with Law Enforcement and the NPA, hosted by Prof Marks at the Urban Futures Centre, to discuss the implications of the ruling. Key points are:
Here is an overview by Dr Simon Howell of the legislation regarding drugs in South Africa. Below this are downloads of the the relevant Acts.