"YOU HAVE THE RIGHT TO REMAIN SILENT, ANYTHING YOU SAY MAY AND CAN BE USED AGAINST YOU IN COURT"

We all have heard this phrase somewhere in our lives and most probably heard and seen it on TV, but as an Accused person being arrested, this is one of the most important rights you need to be informed of by a Police officer before being arrested.

Why is this right so important?

In terms of Section 35(1)(a)-(c) of the Constitution, everyone who is arrested for allegedly committing an offence has the right to remain silent, to be informed of the right to remain silent and the consequences of not remaining silent and to not be compelled to make any confession or admission that could be used as evidence against that person.

This means that should you be arrested for any reason, you have a right to not answer any questions {except for your personal information such as your name and address etc.} or be forced to make any statements.

This is mainly because as an Accused person,  you have also a right to be regarded innocent until proven guilty and as such you have no obligation to assist the police to prove and build a case against you.

An important thing to remember if you are arrested is that the Police MUST inform you of your constitutional rights and let you sign that it was read and explained to you in the language you understand and give you a copy of these rights. You then have the right to accept the rights and remain silent and only speak during your trial or you may waive your right and give the police any information and make a statement which may consequently then be admissible in Court against you.

But one thing is sure, if you choose to remain silent during your arrest, the court can not use it against you as it was also confirmed in the Constitutional Court case of S v Thebus 2003 (2) ZACC 12 where it was found that “no detrimental deduction can be made from an Accused's pre-trial silence, as the state still has to prove its case. It cannot be expected of an accused to assist the state to prove a case against him by providing the police with information”

Should you ever find yourself in a position where you are being arrested, remember to always remain calm and not resist your arrest. Always give your full co-operation to the police and do not be afraid to use your right to remain silent or at least until you have spoken to your legal representative who can properly advise you before making any statements.

REFERENCES:

S v Thebus 2003 (2) ZACC 12

Constitution of the Republic of South Africa, 1996.