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Swearing at a Cop in South Africa: What Can Actually Get You Arrested in 2025

Published

3 hours ago

October 1, 2025

Chiraag

swearing at police, South African law, crimen injuria, arrest rights, Joburg ETC, verbal insults police arrest, resisting officer rule, dignity protection law, 2025 South Africa, Joburg ETC

It’s a question many residents have asked, especially after a heated exchange or when tempers flare during a traffic stop. In short, you cannot be arrested just for swearing at a police officer. But that doesn’t mean foul language comes with zero consequences. The story lies in what else you do.

The Law Behind the Words

Crimen injuria, the dignity offence

South Africa’s common law recognises something called crimen injuria. This is when someone intentionally and unlawfully violates the dignity or privacy of another person. Used often in cases of insults, slurs, or verbal attacks, it’s the legal tool most often deployed when profanity between people, officer and citizen or otherwise, crosses a line.
But not every insult qualifies. A lone expletive is less likely to be seen as “serious impairment.” The law looks at the context, intent, and how a reasonable person would see the offence.

Obstructing, hindering, or resisting the SAPS Act

Under section 67(1) of the Police Service Act, it’s unlawful to resist or willfully hinder a police officer in executing their duties. Yet, court decisions have made clear that verbal insults or swearing, on their own, do not count as obstruction. To trigger obstruction, there must be a positive, physical act that impedes the officer’s duty.

Cybercrimes Act overlaps

There’s also a relevant section under the Cybercrimes Act (Section 35) that prohibits unlawfully obstructing or hindering a police official or investigator in the performance of their duties. The law there echoes the need for a physical act or direct resistance, not just shouted curses.

What the Courts Say

The Devenish case

In Devenish v Minister of Safety and Security (2016), the court considered whether swearing alone constitutes obstruction. It concluded firmly that it does not. That precedent continues to guide interpretations in 2025.

The Mbovane principle

In the Mbovane case (2013), the court held that obstruction must involve a positive physical act. Verbal abuse without that physical element doesn’t meet the threshold.

Recent shifts and comments

In 2025, political leaders have emphasised the protection of the police. Deputy President Paul Mashatile recently warned of harsher responses to attacks on officers, though he hasn’t changed legal precedent: swearing in isolation still does not justify arrest.
Meanwhile, courts are still drawing the same lines: “speech alone is not enough, but words plus physical interference can be.”

Just this year, in Likanga v Minister of Police (2025), a court considered whether the words and conduct of someone amounted to interference. The courts continue to look carefully at exactly what a person did, not just what they said.

When You Can Get Arrested

Though swearing itself won’t land you in cuffs, here are circumstances when arrest becomes lawful:

Verbal insults + physical action: pushing, blocking, grabbing, and actions that impede officers from doing their jobs.
Threats or incitement: using words to incite violence or direct threats to an officer or crowd may justify more serious charges.
Crimen injuria: if the insults are so extreme that they seriously violate dignity.
Assault or resisting arrest: if you physically resist or assault the officer, that’s a separate crime.

What You Should Do If Stopped by Police

Stay calm and respectful
Even if the officer is in the wrong, losing your cool escalates risk.
Don’t resist physically
If you believe the arrest is wrongful, resist later; physically resisting at the moment is a different crime.
Record the interaction
You have the right in public spaces to record police officers. A video can help if things go wrong.
Follow through with complaints
If you’re wrongly arrested or your dignity was insulted, file a complaint with the Independent Police Investigative Directorate (IPID) or other oversight bodies.

Why This Matters in Joburg

In Johannesburg, tensions between communities and police can run high, especially during traffic stops, protests, or checkpoints. People often worry about overreach or abuse of power. The law’s balance, protecting both the dignity of citizens and the legitimacy of police action, is fragile.

The knowledge that words alone aren’t enough to justify an arrest is power. It means someone can speak (within bounds), document the encounter, and hold officers accountable when things go off course.

Still, caution is wise. Anger + authority + poor tone = things can spiral fast.

A Fresh Angle: Speech, dignity, & public trust

South Africa is a nation still healing from systemic injustice. Freedom of expression matters, but so does dignity. Crimen injuria is uniquely South African; it exists because our courts have recognised that insults are not harmless, especially in a country with deep scars of inequality.

But the interpretation must be nuanced. If the bar is too low, dissent, criticism, or even creative protest speech becomes criminal. The courts have so far kept that boundary in action, not mere words. If that balance ever shifts, civil liberties could suffer.

In 2025, we should stay vigilant. Whether it’s pushing for law reform (the SALRC is currently reviewing arrest laws) or pushing back against overzealous policing, the defence of expression matters.