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"I fought the law, and the law won."

Arrest, Search & Seizure

Included below are:
  • the latest police orders on arrest and detention
  • the amendments to section 11(a) and (g) of Act 140 of 1992

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.
saps_arrest_orders.pdf
File Size: 2160 kb
File Type: pdf
Download File

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 [2016] 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: 
  • All officers involved in the search must be named in the warrant
  • Their roles must be described
  • Officers must record everything correctly and meticulously, justifying all their actions.
  • Only in the case of 'urgency' and if there are reasonable grounds to believe that they would be able to obtain a search warrant can an urgent search be done without a warrant.
  • There must be reasonable suspicion as defined in Act 51 of 1997
Below you will find: 
  1. The judgement
  2. The NPA presentation
  3. Notes from the meeting between law enforcement, the NPA and civil society
​For the Acts, see the column to the right
cct_253-15_minister_of_police_and_others_v_kunjana_.pdf
File Size: 224 kb
File Type: pdf
Download File

section_11_of_act140_of_1992_lea_workshop.pdf
File Size: 134 kb
File Type: pdf
Download File

npa_drugs_pp_-_dut_2016.pdf
File Size: 644 kb
File Type: pdf
Download File

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.
overview_of_drug_regulation_in_south_africa.pdf
File Size: 202 kb
File Type: pdf
Download File

summary_of_the_drugs_and_drug_trafficking_act.pdf
File Size: 107 kb
File Type: pdf
Download File

act70_of_2009_treatment.pdf
File Size: 312 kb
File Type: pdf
Download File

act_140_1992drugs_act.pdf
File Size: 104 kb
File Type: pdf
Download File

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  • Home
  • OVERDOSE
  • About
  • UPDATES & ARTICLES
  • In The Media
  • DOWNLOADS
  • COVID-19 resources
  • COVID-VIDeos
  • COVID-19
  • Guidelines
  • Friends
  • OPPORTUNITIES
  • Training Resources
  • Research
  • LEGISLATION
  • HARM REDUCTION IN SA
  • Love Alliance