Hoax e-mails are being circulated in South Africa with ever-increasing frequency, disseminating incorrect information and causing confusion which could have far-reaching effects if not disputed.
Such an e-mail, with the heading “Woman Arrest Law”, claims that between 18h00 and 06h00, a woman under arrest has the right to refuse to go to a police station with a police official, even if an arrest warrant has been issued against her.
It then states that a woman can be arrested between 18h00 and 06h00, but only if she is arrested by a woman officer and is taken to an all women police station.
The information contained in this e-mail is completely incorrect under South African law and is not applicable in this country.
A woman can be arrested at any time of day or night by both male and female police officials, with or without an arrest warrant depending on the circumstances. A person may be arrested without a warrant, for example, if a serious offence has been committed in the presence of a police official, if a police official reasonably suspects that person has committed a serious offence or if a suspect has escaped or attempted to escape from lawful custody.
A woman who has been arrested may not refuse to accompany a police official of either gender to a police station and can be charged with resisting arrest should she attempt to do so.
There is no provision in an arrest warrant which stipulates that the arrest must be executed during daylight hours. Sometimes it is impractical or impossible to arrest a wanted person during working hours and it stands to reason that the arrest must be effected between 18h00 and 06h00.
The concept of “all women” police stations is not practiced in South Africa.
It can be mentioned that a woman can only be searched by a female police official in terms of the Criminal Procedure Act and that, in terms of the same Act; a search warrant should be executed by day, unless the person issuing the warrant in writing authorises the execution thereof by night. These provisions do not apply to arrest warrants. There are also circumstances under which a search can be conducted without a warrant and there is no limit to the time of day or night when this can take place.
Members of the community are urged to ignore this e-mail and to refrain from disseminating it as responding to enquiries emanating from its circulation is causing a waste of the police’s time.
Issued by: South African Police Service
15 May 2009
Director Sally de Beer
Office of the National Commissioner
Tel. 012-3931574
Fax 012-3932165
Cell 082 779 8658
e-mail debeers@saps.org.za
website www.saps.gov.za
