BODY SEARCH AND THE LAW!

WHILE attending a concert, Nokuthula saw there were police officers with search dogs going through the crowd looking for drugs.

She was surprised when a male officer said he had to do a body search on her. She refused to be searched by the male police officer, who threatened her with arrest.

Azikhiphi! That’s not on!

Afraid of what might happen, Nokuthula, a Scorpion Legal Protection member, called Scorpion for advice.

What does the law say?

Section 29 of the Criminal Procedure Act 51 of 1977 states that a woman can only be searched by another woman police officer, and if there isn’t one, any woman can do the search as designated by the police.

The following rules aren’t mandatory, and the police only need to comply with them so far as reasonably practicable:

• Only police officers necessary for the search can be present.
• You must be allowed to dress as soon as the search is finished.
• The search should be done in a private place where the opposite sex cannot see you.

What the officer can and cannot do

There are some legal safeguards in place that the police must comply with if they need to search you, as well as guidelines they must comply with if reasonably practicable.

They must:

• Conduct the least invasive kind of search. A strip search can only be conducted if no other search will do.
• Conduct the search quickly and in private.
• Ensure you are searched by an officer of the same gender.

They cannot:

• Search your genital area or breasts unless it is reasonably necessary.
• Question you while you are being searched.

What to do when a police officer wants to search you:

1. Remain calm, polite and co-operative.

2. Politely ask why the officer wants to search you. It’s better to say you don’t consent, but you’re going to let them do it.

3. If you resist the search, you may be charged with an offence.

How to strike back

As a Scorpion member, Nokuthula can get legal advice and information that will help her to understand and know her rights.