The process of effecting an arrest by any police official or any other law enforcer is supposed to be done in a respectful and dignified manner in order to be in alignment with the Bill of Rights. A person`s dignity being protected by all means is enshrined in our constitution and is regarded as one of the most essential human rights.

However, the above has a limitation placed upon it in terms of section 36 of the Constitution of the Republic. The latter goes as far as giving law enforcement officers the right to use reasonable physical force when effecting an arrest should the accused be physical towards them or resist arrest. This brings me down to the discussion at hand.

The moment an arrest is being effected, the police officers have a legal duty to inform you of the charges brought against you and that you have the right to remain silent and not say anything that might incriminate you. The police further needs to inform you of your rights to legal representation. At this moment, the only thing which you should do is to remain calm and cooperate during the whole arrest. Whatever you want to say at that time will be said in a court of law or at the police station should you wish to make a statement immediately. Once you resist arrest or try by any means to pose any physical danger to any law enforcement officer, they shall use the necessary reasonable force to detain you, inclusive but not limited to pepper spray.

The police further have a right to take your fingerprints and pictures for purposes of identification. This procedure does not mean you automatically have a criminal record, it just means that should you evade trial, you should be easily traced should you get arrested somewhere else,

Therefore my advice to you is quite simple, should you get arrested anywhere, cooperate fully and do not say anything unless the police official called out a name which is not yours in effecting the arrest. You may at any stage thereafter request to contact your legal representative or family member.