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Faced with a Protest Sweep in South Africa? Here’s What You Should Do
The moment the crowd parts and you’re caught in a sweep
It’s a busy afternoon in Joburg. A protest spills into the street. You’re not part of it, yet suddenly you’re surrounded by officers, lights, sirens, and confusion. In South Africa today, that scene plays out more often than many realise. But if you find yourself wrongly targeted amid a protest sweep, knowing your rights and how to act calmly can make all the difference.
Why this matters now
Under Section 17 of the 1996 Constitution of the Republic of South Africa, you have the right to assemble, demonstrate, picket, and present petitions peacefully and unarmed. Yet despite this protection, unlawful arrests and detentions are still reported. Recent analyses of protest dynamics note that ordinary bystanders and protesters alike may find their rights infringed under the guise of maintaining public order.
The moment you are caught up in a police action where you weren’t a protester but are treated like one, you need two immediate priorities: stay calm and gather evidence.
When you’re being arrested
Here’s what to do, quietly, clearly, and firmly:
• Keep your hands visible. Avoid any actions that could be misinterpreted as resistance. Resisting may make things worse, even if the arrest is unlawful.
• Ask, “Am I being detained, or am I free to go?” You have the right to know why you are being held.
• State that you do not consent to any search if none is warranted, and include that you choose to remain silent until a lawyer is present.
• Other than giving your name and address if asked, you may remain silent. Under Section 35 of the Constitution, you are guaranteed that right.
• Do not answer questions without a lawyer. The moment you say, “I want a lawyer,” you are asserting the right to legal representation.
While in custody
If you are taken in:
• Note the time, location, officer badge numbers, names, vehicle numbers and any witnesses you can identify. Your memory may fade jot it down as soon as you can.
• If safe, record the incident on your phone. Be discreet. If your phone is searched or seized, try to preserve whatever you captured.
• Take photos of any injuries and seek medical attention. A formal medical report strengthens any later claim.
• Know you must be brought before a court within 48 hours (weekends/public holidays not counted) or released. In the meantime, you can apply for bail.
After release or when you’re freed
Once you’re out:
• Contact a lawyer immediately. Legal assistance should not wait.
• Lodge a complaint with the Independent Police Investigative Directorate (IPID) and the South African Human Rights Commission (SAHRC) if you believe your rights were violated.
• Consider whether you have a civil claim for damages against the Minister of Police or other responsible parties for unlawful arrest or detention.
• Preserve all notes, images, medical reports, witness contacts, and anything else relevant.
Tips if you are a bystander near a protest
• If tensions rise or police begin moving in, leave the area calmly. Position yourself among other non-protesters rather than on the fringes of a crowd.
• Do not assume police are distinguishing you from protesters in chaotic environments. Your safest option is to quietly exit.
The broader picture
South Africa has a robust legal framework protecting the right to protest peacefully and the right not to be arrested unlawfully. However, the gap between what the law says and what happens on the ground remains. Civil society organisations warn that the space for dissent is under strain and that individuals need to be ever more aware of their rights when public actions turn volatile.
Why this matters to you
Whether you’re a Joburg local going about your day or a visitor passing through, knowing your rights could be crucial if you find yourself unexpectedly caught in a protest sweep. A calm response and the right actions can mean the difference between becoming a victim of procedural fault or a witness with control of your narrative.
Also read: Who Pays for Politicians’ Luxury Hotels? South Africa’s 2025 Debate Explained
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Featured Image: Freedom Forum
