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Introduction

Do you know what to do if you’re stopped by the police? Or how courts work if you’re accused of a crime or need to claim money from someone? In South Africa, understanding your legal rights can protect you and your family from injustice.

This guide explains courts, police powers, and your rights – simplified for easy understanding.

Where Does South African Law Come From?

1. Constitution – The highest law.

2. Statutes (Acts of Parliament) – Written laws.

3. Common Law – Based on old court decisions.

4. Customary Law – Traditional community rules recognised by courts.

Two Types of Law

✅ Criminal Law – When someone breaks the law (e.g. theft). The state prosecutes the accused.

✅ Civil Law – Disputes between people (e.g. unpaid debt or divorce).

Courts Structure in South Africa

1. Constitutional Court

   • Deals with constitutional matters (human rights, laws’ validity).

2. Supreme Court of Appeal

   • Hears appeals from High Courts.

3. High Courts

   • Serious civil and criminal cases, appeals from Magistrates’ Courts.

4. Magistrates’ Courts

   • Regional Court – Serious crimes (except treason).

   • District Court – Less serious criminal cases and civil claims under R200,000.

   • Specialised Courts – Equality, maintenance, domestic violence.

   • Juvenile Courts – Children under 18.

5. Small Claims Court

   • Claims under R20,000; no lawyers needed.

6. Labour, Land Claims, Equality Courts

   • Deal with employment, land, and discrimination matters.

Your Rights in Criminal Cases

• Right to remain silent

• Right to a lawyer – Free legal aid if you can’t afford one.

• Right to be brought to court within 48 hours

• Right to bail, unless charged with serious crimes, where bail is denied for safety reasons.

What To Do If Arrested

✅ Stay calm

✅ Ask why you’re arrested

✅ You have a right to remain silent – do not admit guilt without a lawyer

✅ You can call family or your lawyer

Police Powers

1. Questioning – You can’t be forced to answer except for identification.

2. Searching – Police need a warrant unless:

   • You consent, or

   • They reasonably suspect you have illegal items.

3. Arrest – With or without a warrant if caught committing a crime.

   
   

If police abuse their powers, report to the IPID (Independent Police Investigative Directorate).

Civil Cases: How to Claim Money

1. Write a letter of demand

2. Open a case in Small Claims Court (claims under R20,000) or Magistrates’ Court.

Alternative Dispute Resolution

• Negotiation – Directly settle with the other person.

• Mediation – A Neutral mediator helps reach an agreement.

• Arbitration – Neutral arbitrator decides like a judge (final).

Child Justice System

Children under 18 are dealt with under a separate justice system focusing on rehabilitation rather than punishment.

Community Police Forums (CPFs)

CPFs promote good relationships between police and the community, ensuring safety and accountability.

✅ Final Thoughts

Knowing your rights is powerful. Whether dealing with police, courts, or community disputes, stay informed and seek legal advice if unsure.

Source

This blog summarises Chapter 5 from Paralegal Advice South Africa. For full details, visit paralegaladvice.org.za