Neighbour Hood Watch 1 Legal Considerations

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GUARDIAN ANGELSNEIGHBOURHOOD WATCH

PATROL TRAINING #1

Legal Considerations

This document is the joint property of the International Alliance of Guardian Angels‘, Cape Town Chapter and the Cityof Cape Town. It is issued only to those members requiring it in the execution of their official duties. Any person

finding this document is requested to hand it in at the nearest Metro Police or Law Enforcement office for transmission

to: The Directorate Safety and Security, Community Liaison Officer, tel 083 568 6760.



A joint undertaking between the City of Cape Town and the International Alliance of Guardian Angels

2

Course Map

Module Name Module Nr

1) Legal Considerations for Neighbourhood Watches 1

2) Patrol Tactics & Formations 2

3) Threat Recognition 3

4) Crime and Disorder 4

5) Removing graffiti 5

6) Stopping prostitutes 6

7) Reducing Drug Markets 7

8) Reducing Gangs 8

9) Working with the Police 9

10) More Strategies 10




3

Course Map....................................................................................................................................... 2

Introduction ...................................................................................................................................... 4

Definitions Of Terms Used In This Module................................................................................... 5

Neighbourhood Watch Registration and Operation ..................................................................... 6The South African Constitution and the Bill Of Rights ............................................................... 7

May Private Persons Perform Arrests? ......................................................................................... 8

Must Private Persons Always Assist Police In An Arrest?........................................................... 8

May Private Persons Search Someone Whom They Have Arrested? ......................................... 9

What Are The Items That A Private Person May Search For?................................................. 10

May The Owner Or Manager Of Private Property Search Such Property? ........................... 11

Must A Search Be Conducted In Decent And Orderly Manner?.............................................. 11

How Shall An Arrest Be Affected? ............................................................................................... 11

Can You Break Open Property For The Purpose Of An Arrest? ............................................. 11

Self-Defence..................................................................................................................................... 16

What Are The Requirements For An Attack To Be Seen As Such? ......................................... 17What Are The Requirements For An Action To Be Seen As Defensive?.................................. 18

Further Factors That The Court Will Consider ......................................................................... 19

Am I Privately Liable If I Perform An Unlawful Arrest? .......................................................... 20

Schedule 1 Offences........................................................................................................................ 20




4

Introduction

In terms of crime the situation in Cape Town is dire. The world average for murder is 5.5 people

murdered per 100 000. South Africa has an average of 47 per 100 000 and Cape Town stands at 86

per 100 000. This is to put it mildly, unacceptable. Some 43 children are raped every day and a

rape occurs every 24 seconds! A woman is murdered in this country every 6 days by a close male

companion and we have one of the highest rates of foetal alcohol syndrome in the world. The cityis under siege from crime lords and gangsters with +- 30 gangs operating in the CBD alone. There

are more than 1400 citizens for every police officer which reflects poorly with, for example, New

York with 1 police officer for every 129 citizens. With the City Police standing (at time of writing)

on a strength of less than 800 members the situation goes from bad to worse. The streets of the city

are infested with petty criminals and prostitutes, spreading diseases as well as drugs and helping to

finance large numbers of illegal immigrants. Containers enter the city at a rate of 530 000 per year,

yet less than maybe 200 are ever searched in a year and then only superficially. Children are

inducted into gangs at a young age (sometimes as young as 12 yrs old) and the violence in our

society is used as the yardstick by which they measure their conduct. Coupled to this is one of the

highest levels of unemployment in the country and some 6000 homeless people living on ourstreets in appalling conditions – often with very young children. The South African criminal

justice system can with the best will in the world not be described as other than dysfunctional.

Since about 1990 crime has rocketed to levels never previously experienced in this country. It is

an embarrassing fact that neither the introduction of the new constitution with its bill of rights nor

the abolition of the death sentence has succeeded in checking the staggering escalation of crime

and securing adequate personal safety for the citizens of this country. This is borne out by the

following alarming crime statistics:

In general in 1995 6,561 crimes per hundred thousand of the population were committed. The

world average was 2,662 were hundred thousand. In 1996 it was estimated that of every 1,000

crimes committed in South Africa only 450 were reported, 230 solved, 100 prosecuted, 77 accused

convicted and 33 sentenced to imprisonment.




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Definitions Of Terms Used In This Module

UOF – Use of Force

Arrestor – means any person authorised under any Act to arrest or to assist in arresting a suspect.

Suspect – means any person in respect of whom an arrestor has or had a reasonable suspicion that

such person is committing or has committed an offence

CPA – Criminal Procedure Act (Act 51 of 1977)

DOCS – Department of Community Safety

Premises – includes land, any building or structure, or any vehicle, conveyance, ship, boat or

aircraft.

SOP – Standard Operating Procedure.




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Neighbourhood Watch Registration and Operation

Legal issues regarding registration and the operation of neighbourhood watches are as follows:

Presently there is no national/provincial legislation which prescribes formalities to be complied

with to form a neighbourhood watch.

In terms of the Western Cape Constitution for Neighbourhood Watches a neighbourhood watch, toenjoy recognition with SAPS, must register with either the local CPF or Provincial CPF or local

SAPS. (this is not an Act / Regulation or by-law).

This registration, in theory, gives access to training by DOCS, resources from DOCS and the above

recognition by SAPS and the CPF.

Since neighbourhood watches are not statutory bodies – they are voluntary associations - and since

they in any event do not acquire separate juristic persona (members remain liable in their personal

capacity) it is possible for a neighbourhood watch to be formed and to function without registration

with the CPF and SAPS. This option does however limit such a watch in terms of access to

resources and training.

Failure to register with either the CPF or SAPS does however not render the neighbourhood watch

illegal and members of such watch would still be able to execute citizen‘s arrests as well as pursue

perpetrators (subject to permission from owners of property). This is done in terms of the

provisions of the Criminal Procedures Act and does not differ from the rights of any other

neighbourhood watch.




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The South African Constitution and the Bill Of Rights

The Constitution of the Republic of South Africa (Act 108 of 1996) states, in part, in Chapter 2 –

Bill of Rights, concerning the rights to dignity, life and bodily integrity:

Human dignity – Everyone has inherent dignity and the right to have their dignity respected and

protected.Life – Everyone has the right to life.

Freedom and security of the person – Everyone has the right to freedom and security of the person,

which includes these rights:

to be free from all forms of violence from either public or private sources;

not to be tortured in any way; and

not to be treated or punished in a cruel, inhuman or degrading way.

Everyone has the right to bodily and psychological integrity, which includes the right to

security in and control over their body.In essence you must respect the dignity of all people and you have the right to be respected, you

may not kill someone and have the right to life yourself, you may not take away someone‘s

freedom, enact violence on another, torture someone or punish another, and you can expect the

same rights for yourself.

There are circumstances in which these rights can be limited such as when you perform an arrest,

in which you remove a person‘s freedom, but in general it is important to bear these rights in mind

so that your actions do not become those of a vigilante.




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May Private Persons Perform Arrests?

The South African Criminal Procedure Act (Act 51 of 1977) says in section 42:

42. Arrest by private person without warrant. — (1) Any private person may without warrant arrest

any person —

(a) who commits or attempts to commit in his presence or whom he reasonably suspects of havingcommitted an offence referred to in Schedule 1;

(b) whom he reasonably believes to have committed any offence and to be escaping from and to be

freshly pursued by a person whom such private person reasonably believes to have authority to

arrest that person for that offence;

(c) whom he is by any law authorized to arrest without warrant in respect of any offence specified

in that law;

(d) whom he sees engaged in an affray.

(2) Any private person who may without warrant arrest any person under subsection (1) (a) may

forthwith pursue that person, and any other private person to whom the purpose of the pursuit has

been made known, may join and assist therein.

(3) The owner, lawful occupier or person in charge of property on or in respect of which anyperson is found committing any offence, and any person authorized thereto by such owner,

occupier or person in charge, may without warrant arrest the person so found.

Analysis

A private person can arrest anyone who commits or attempts to commit a Schedule 1 offence.

A private person can arrest anyone whom he/she reasonably suspects of having committed a

Schedule 1 offence.

A private person can arrest anyone who is trying to escape from some form of authority (such

as a security guard or police officer).

A private person can arrest anyone whom he sees fighting.

A private person can pursue anyone who committed a Schedule 1 offence and any other private

person may join in the pursuit.

Any person in charge of property may arrest ANY person for ANY offence on that property.

Such a person (owner) can also delegate this power to an agent (such as a security guard or

tenant).

Must Private Persons Always Assist Police In An Arrest?


47. Private persons to assist in arrest when called upon. — (1) Every male inhabitant of the Republicof an age not below sixteen and not exceeding sixty years shall, when called upon by any police

official to do so, assist such police official — (a) in arresting any person;

(b) in detaining any person so arrested.

(2) Any person who, without sufficient cause, fails to assist a police official as provided in

subsection (1), shall be guilty of an offence and liable on conviction to a fine not exceeding R300

or to imprisonment for a period not exceeding three months.

Analysis

A private person (or any other private male between 16 and 60) MUST assist a police officer

who requires aid during an arrest.It is a PUNISHABLE OFFENCE to refuse AND will lead to a tarnishing of the reputation and

good name of your group.




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It is SOP (Standard Operating Procedure) for any Neighbourhood Watch that has been trained by

Guardian Angels to ALWAYS assist a police officer who requires aid.

May Private Persons Search Someone Whom They Have Arrested?


23. Search of arrested person and seizure of article. — (1) On the arrest of any person, the personmaking the arrest may —

(a) if he is a peace officer, search the person arrested and seize any article referred to in section 20

which is found in the possession of or in the custody or under the control of the person arrested,

and where such peace officer is not a police official, he shall forthwith deliver any such article to a

police official; or

(b) if he is not a peace officer, seize any article referred to in section 20 which is in the possession

of or in the custody or under the control of the person arrested and shall forthwith deliver any such

article to a police official.

(2) On the arrest of any person, the person making the arrest may place in safe custody any object

found on the person arrested and which may be used to cause bodily harm to himself or others.

Analysis

A private person (or any person making an arrest) may seize any article mentioned in section

20 of the South African Criminal Procedure Act (Act 51 of 1977). The items seized must be

handed to a police officer without delay.

A private person (or any person making an arrest) may also place in safe custody anything that

can be used as a weapon.

The words ‗in possession of or in the custody or under the control of‘ are so wide that it also

encompasses items that may not be on his person, such as items in his house, car etc are in his

possession. If it is in the physical possession of someone else, but the arrestee has the right to

claim it, then it is also under his control (such as when a dealer hides his drugs on his prostitute

or with a child).

Please note that the state is liable if anything is confiscated and damaged and has to be returned

to the arrestee.

VERY IMPORTANT NOTE: Because the law does not directly state ―A private person may

search someone whom he has arrested‖ many people are under the impression, that they can

only seize items, not search the suspect. In his 2nd

Edition of ―Suid Afrikaanse Strafproses‖,

1977, p32, Hiemstra makes it clear that any person, who has performed an arrest, even if not a

peace officer, may search a suspect whom he has arrested.




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What Are The Items That A Private Person May Search For?


20. State may seize certain articles. — The State may, in accordance with the provisions of this

Chapter, seize anything (in this Chapter referred to as an article) —

(a) which is concerned in or is on reasonable grounds believed to be concerned in the commissionor suspected commission of an offence whether within the Republic or elsewhere;

(b) which may afford evidence of the commission or suspected commission of an offence whether

within the Republic or elsewhere; or

(c) which is intended to be used or is on reasonable grounds believed to be intended to be used in

the commission of an offence.

Analysis

Section 23(1)b authorises Private persons (or any private persons) to secure the items mentioned in

section 20 FOR THE STATE.

These items are:

ANYTHING that is being used to commit a crime (such as a knife that is used in a robbery) or

that may be concerned in the commission of a crime (a baseball bat that someone is waiting in

a dark alley with) or that you may have reasonable suspicion of being used in a crime, even if

that crime was committed in another country.

ANYTHING that can be used as evidence of a crime ANYWHERE.

ANYTHING that is intended to be used to commit a crime.

Anything thatwas used to

commit a crime

with (evidence)

Anything that

will be used to

commit a crime

with

Anything that is

being used tocommit a crime

with

Section 20

(Search and

Seizure)




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May The Owner Or Manager Of Private Property Search Such Property?


24. Search of premises. — Any person who is lawfully in charge or occupation of any premises and

who reasonably suspects that stolen stock or produce, as defined in any law relating to the theft of

stock or produce, is on or in the premises concerned, or that any article has been placed thereon ortherein or is in the custody or possession of any person upon or in such premises in contravention

of any law relating to intoxicating liquor, dependence-producing drugs, arms and ammunition or

explosives, may at any time, if a police official is not readily available, enter such premises for the

purpose of searching such premises and any person thereon or therein, and if any such stock,

produce or article is found, he shall take possession thereof and forthwith deliver it to a police

official.

Analysis

Property owners or their agents (such as security guards) can search their property.

Must A Search Be Conducted In A Decent And Orderly Manner?

29. Search to be conducted in decent and orderly manner. — A search of any person or premises

shall be conducted with strict regard to decency and order, and a woman shall be searched by a

woman only, and if no female police official is available, the search shall be made by any woman

designated for the purpose by a police official.

Analysis

Any search must be done in a dignified manner.

A man may not search a woman‘s body, but he may search her handbag or ask her to empty her

pockets.

How Shall An Arrest Be Affected?39. Manner and effect of arrest. — (1) An arrest shall be effected with or without a warrant and,

unless the person to be arrested submits to custody, by actually touching his body or, if the

circumstances so require, by forcibly confining his body.

(2) The person effecting an arrest shall, at the time of effecting the arrest or immediately after

effecting the arrest, inform the arrested person of the cause of the arrest or, in the case of an arrest

effected by virtue of a warrant, upon demand of the person arrested hand him a copy of the

warrant.

(3) The effect of an arrest shall be that the person arrested shall be in lawful custody and that he

shall be detained in custody until he is lawfully discharged or released from custody.

Analysis

If the suspect does not resist, it is not necessary to touch him/her. If he/she resists you can

confine him/her with minimum force.

You MUST inform the suspect of the reason for the arrest, either while performing it or

immediately afterwards.

Once arrested the suspect is in custody and may not try to escape.

Can You Break Open Property For The Purpose Of An Arrest?

48. Breaking open premises for purpose of arrest. — Any person who may lawfully arrest another in

respect of any offence and who knows or reasonably suspects such other person to be on anypremises, may, if he first audibly demands entry into such premises and notifies the purpose for




12

which he seeks entry and fails to gain entry, break open, enter and search such premises for the

purpose of effecting the arrest.

Analysis

You can break open property, but you MUST first demand entry before breaking open any

property.




13

Use of Force

In law there are 2 distinctions to using force. They are the level of force you use in executing an

arrest and the force you use in defending yourself. They are 2 separate entities, and should not be

confused.

Some instructors teach you to snap a guys neck because he grabbed you, or to bend a knifers‘ wristback (usually an unrealistic option in any case), then to sweep the feet, grab the knife and slice 3

times over the throat, before plunging it into the chest. You will go to jail for this!

Punishment is the job of the courts! It is not your task. The war on crime may be fought in the

streets, but it is won in the courts.

THE PURPOSE OF ARREST IS NOT TO PUNISH THE SUSPECT BUT TO BRING

HIM/HER BEFORE THE COURT.

Always consider the legal ramifications, both during training and on the streets.

Much has been written regarding the use of force and much legal debate has occurred around the

subject. Because the courts look at each case on its own merits, there are no ‗hard rules‘ regardingwhen force may be used. The law however, does give us clear guidelines to follow in deciding

whether or not to use force and at what level that force should be. These guidelines can be found

in Sec 49 of the Criminal Procedure Act 51 of 77 (in South Africa). Know your laws, and abide by

them!

Use of Force in Effecting Arrest

Legal definitions:

(1) For the purposes of this section (Sec 49 of the Criminal Procedure Act 51 of 77):

(a) ―arrestor‖ means any person authorised under this Act to arrest or to assist in arresting a

suspect; and(b) ―suspect‖ means any person in respect of whom an arrestor has or had a reasonable

suspicion that such person is committing or has committed an offence.

(2) If any arrestor attempts to arrest a suspect and the suspect resists the attempt, or flees, or resists

the attempt and flees, when it is clear that an attempt to arrest him or her is being made, and the

suspect cannot be arrested without the use of force, the arrestor may, in order to effect the arrest,

use such force as may be reasonably necessary and proportional in the circumstances to

overcome the resistance or to prevent the suspect from fleeing: Provided that the arrestor is

justified in terms of this section in using deadly force that is intended or is likely to cause death or

grievous bodily harm to a suspect, only if he or she believes on reasonable grounds —

(a) that the force is immediately necessary for the purposes of protecting the arrestor, anyperson lawfully assisting the arrestor or any other person from imminent or future death or

grievous bodily harm;

(b) that there is a substantial risk that the suspect will cause imminent or future death or

grievous bodily harm if the arrest is delayed; or

(c) that the offence for which the arrest is sought is in progress and is of a forcible and

serious nature and involves the use of life threatening violence or a strong likelihood that it

will cause grievous bodily harm.

[S. 49 substituted by s. 7 of Act No. 122 of 1998.]

In terms of this section, you may only use force during an arrest if:

You are authorised to execute the arrest (a Schedule 1 offence)




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The person being arrested is aware of the arrest (the suspect does not think you are trying to

rob him and has been told ―You are under arrest‖)

An attempt to execute the arrest is actually made (you are actually trying to arrest him, not

fight with him)

The suspect resists the attempt (the suspect does not comply with you and refuses to bearrested)

There is no other means of effecting that arrest other than by the use of force (the suspect

does not react favourably to verbal instructions)

Only such force as may be reasonably necessary and proportional in the circumstances to

overcome the resistance or to prevent the suspect from fleeing is used (you cannot use

blows and cannot keep on fighting once he has been detained)

Lethal force may only be used if the force is immediately necessary for the purposes of protecting

the arrestor, any person lawfully assisting the arrestor or any other person from imminent or future

death or grievous bodily harm, if there is a substantial risk that the suspect will cause imminent or

future death or grievous bodily harm if the arrest is delayed or the offence for which the arrest issought is in progress and is of a forcible and serious nature and involves the use of life threatening

violence or a strong likelihood that it will cause grievous bodily harm. In other words, in South

Africa you may generally not use lethal force to affect an arrest, except to protect yourself or

someone else.

The fact that Private persons do not carry weapons tends to free them from many of the difficulties

faced by those who carry weapons, but members are urged to consider the deadly nature of some

martial arts techniques. You can kill someone with a strike to the temple or to the throat or vagus

nerve or through an over-zealous application of a sleeper-hold. This is also an application of

deadly force!

To use UOF in a legal way we use a model called the Force Continuum. This is covered in depth

in the following pages.




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The Force Continuum

In deciding what level of force to use, you will need to know what levels of force are available to you. These levels are known as the force continuum

and may change depending on circumstances.

Suspect

statusUnarmed

Probably

unarmed

Could be

armed/unarmed

Probably

armed

Force levelLowest

possible

Very low

levelLow Moderate Moderate but escalating High Extreme levels

Injuries No injuries None to minor Moderate to majorSerious injury

/ death

Resistance

levelNo resistance Low level resistance Assaultive behaviour

Lifethreatening

Objectively

identified by

Calm,cooperative,

friendly

Eyes,stance,

clenched

fists

Threats, statementindicating

uncooperativeness

Suspectwon‘t move

or come

along

Static

resistance,resistivetension,

defies verbal

instructions

Attemptingescape, usesreactive type

movements

Unlawful attack, need not be associated with culpabilityor directed against the defender, must be aimed against alegally protected interest (life/bodily integrity), must be

imminent or already started, but not yet completed

Pushes

member,

bizarreresistance,unsafe to

approach,

psychotic,(also)

dangerous

animals

Attacks member,attempts to injure in

process of resisting /

escaping, rioting

crowds

Armed attack,

pre-planned,

implementsweapons/tactic

s – highly

injurious/lethal

, superior

size/numbers,dangerous /

injured

animals

Purpose Interaction Arrest/crowd control Arrest & Defence

Method used

Presence,

uniform,pronouncementof intent

Verbal interaction, advice, dialogue,

open questions, lawful order,persuasion

Guiding, escorting

Compliance

controltechniques

Defence directed against attacker, not more harmful thanattack; no less harmful alternative available

Paincompliancetechniques

Strikes to non-lethaltargets

Lethal strikesto targeted

areas

BehaviourCompliant / Cooperative

Non-verbalresistance

Verbal resistancePassive

resistanceDefensiveresistance

Activeresistance

Aggression Aggravated aggression

Aggravated

activeaggression



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Self-Defence

Common Law also deals with the use of force. In these circumstances, force will generally be used

to protect oneself from an assault. These circumstances are generally known as Self-Defence or

Private Defence.

Self-defence can be defined as when:You are attacked and in immediate and unavoidable danger of your life.

You could sustain serious injuries if the attack is not stopped.

While you are on a patrol someone else is attacked and could sustain serious injuries if the

attack is not stopped.

Never use lethal force to protect property, no matter how valuable it may be. The courts have

decided that protection of property can never be equal to or more important than the right to life or

physical integrity. (Govender v Minister of Law and Order)

You should in other words only use lethal force:

In circumstances of immediate and otherwise unavoidable danger of serious (crippling)

injury or death, or these conditions apply to an innocent third party you are protecting.

Minimum force is what is required and use of lethal force will be only be allowed if the attacker

presents a threat of serious bodily harm or death. You cannot use lethal force to protect yourself

against a drunk who slapped you. In our toolbox of self-defence there are many other options –

pain compliance, evasion etc.



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What Are The Requirements For An Attack To Be Seen As Such?

When protecting oneself from an attack, the attack reeds to comply with certain requirements in

order that self-defence can be claimed:

The attack must be a positive action. It is not an attack if the suspect is threatening and

posturing while backing away.The attack must be unlawful but need not be associated with guilt. An example would be

an emotionally disturbed person who attacks you. He may not feel guilty, but can still kill

you if not stopped.

The attack must be aimed at a legal interest. (Life, limb, valuable property). It is an attack

if someone is raping another, stabbing or beating another with a brick or trying to rob

someone.

The attack does not have to be aimed at the defender (the private person). It can be aimed

at a third party (another person). You can protect someone else.

Can be aimed

at a third party

Legal interest

(life, limb,

property)

Unlawful, but

need not feel

guilty

Positive

Action

Requirements

of an attack



18

What Are The Requirements For An Action To Be Seen As Defensive?

The defensive action also needs to comply with certain requirements:

The defensive action must be aimed at the attacker or his agent. You cannot protect ―A‖

against ―B‖ by putting a knife to the throat of ―B‘s‖ wife, but if his dog attacks you, you

can defend against the dog.It must be necessary to ward off the attack. You must be unable to evade it.

The defensive action may not be more harmful than is necessary to ward off the attack.

(Very important)

The person warding off the attack should be aware that he/she is acting in self-defence.

You cannot provoke ―A‖ into a fight and then claim self -defence as a ground of

justification.

Defence must stop when the attack has stopped. Once the attacker has stopped his attack

you may not follow him to attack him. You may however follow him to arrest him.

Must not lastlonger than

the attack

Awareness

that it is

defence. Not

provocation.

May not be

more harmful

than needed to

stop the attack

Necessary toward off the

attack

Aimed against

the attacker

Requirements

for self-

defence



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Further Factors That The Court Will Consider

The courts will also consider the following factors in the event of a self defence response to an

attack:

The weapon used by your attacker.

The size, weight and appearance of the attacker.

The time, place and number of attackers.

The size and abilities of the attacker.

The degree and immediacy of the threat.

In a practical application there are four aspects that need to be considered:

Ability

Opportunity

Jeopardy

Preclusion.

Let‘s use the example of a man standing in front of you with a knife.

Ability: This person has the ability to harm you with the knife. You however, will not be able to

justify attacking this person; he may simply have been cleaning his nails with the knife. Merely

because a person has an ability to harm you does not mean he will have the opportunity or that his

behaviour indicates he wants to hurt you.

Opportunity: This is the second factor. You are standing with an obstacle between you and the

knife man. He has no opportunity to use the knife and you are not justified in fighting him. Even

if you have no cover, there is still a factor missing. If your attacker has a firearm he has more

opportunity than he would with only a knife.

Jeopardy: With the other two factors in place, the knife man now displays the behaviour that

makes you believe that he wishes to harm you (remember: this is objective not subjective – not

what you thought might be, but what actually is). The knife man now rushes toward you with the

knife raised (see the Recognition Skills Manual).

Preclusion: Is there any factor present that you can use to prevent the attack other than fighting

with the assailant? You are in a team (so the court will frown on the idea that it required six of you

to control him). You have training (So Mr Patrol Leader, you have had three years of martial arts

training, there were six of you, and you STILL felt compelled to break both his arms?). Are you

able to verbally dominate him in a perimeter (an excellent tool to use)?

Ability to harm, opportunity to harm, acting to harm and preclusion from causing harm; if any of

these factors are missing, you are not justified in using physically damaging tactics.

Immediately the threat has ended, you must stop your counter-attack or your defensive action will

become assault, attempted murder or murder!

Use any defensive skills sparingly!



20

Am I Privately Liable If I Perform An Unlawful Arrest?

53. Saving of civil law rights and liability. — Subject to the provisions of sections 46 and 331, no

provision of this Chapter relating to arrest shall be construed as removing or diminishing any civil

right or liability of any person in respect of a wrongful or malicious arrest.

You are privately liable if you perform an unlawful arrest.Schedule 1 Offences

Treason.

Sedition.

Public violence.

Murder.

Culpable homicide.

Rape or compelled rape as contemplated in sections 3 of the Criminal Law (Sexual Offences and Related Matters)

Amendment Act, 2007, respectively.

Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5 or 7 of the

Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.

Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or

the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007,

respectively.

Trafficking in persons for sexual purposes by a person contemplated in section 71 (1) or (2) of the Criminal Law(Sexual Offences and Related Matters) Amendment Act, 2007.

Bestiality as contemplated in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment

Act, 2007.

Robbery.

Kidnapping.

Childstealing.

Assault, when a dangerous wound is inflicted.

Arson.

Malicious injury to property.

Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit

an offence.

Theft, whether under the common law or a statutory provision.

Receiving stolen property knowing it to have been stolen.

Fraud.

Forgery or uttering a forged document knowing it to have been forged.

Offences relating to the coinage.

Any offence, except the offence of escaping from lawful custody in circumstances other than the circumstances

referred to immediately hereunder, the punishment wherefore may be a period of imprisonment exceeding six

months without the option of a fine.

Escaping from lawful custody, where the person concerned is in such custody in respect of any offence referred to

in this Schedule or is in such custody in respect of the offence of escaping from lawful custody.

Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.

http://cityapps8.capetown.gov.za:7080/nxt/gateway.dll/jilc/kilc/egqg/wqqg/xqqg/19eh#0

http://cityapps8.capetown.gov.za:7080/nxt/gateway.dll/jilc/kilc/egqg/wqqg/xqqg/ckfh#0

http://cityapps8.capetown.gov.za:7080/nxt/gateway.dll/jilc/kilc/egqg/wqqg/xqqg/ckfh#0

http://cityapps8.capetown.gov.za:7080/nxt/gateway.dll/jilc/kilc/egqg/wqqg/xqqg/19eh#0



21

Self-Test

Question 1: Which of the following are Schedule 1 offences?

Offence YES NO

ProstitutionPublic drunkenness

Littering

Murder

Dumping

Robbery

Drunken driving

Rape

Urinating in public

Abusive language

10Question 2: Mark the following statements as True or False

Statement True False

Neighbourhood Watches are governed in legislation by Act 51

of 1977.

It is possible for a neighbourhood watch to be formed and to

function without registration.

Failure to register renders a neighbourhood watch illegal.

Everyone has the right to freedom and security.

You can arrest anyone who commits or attempts to commit aSchedule 1 offence.

You can arrest anyone who is trying to escape from the police.

You can arrest anyone whom you see fighting.

Any person in charge of property may arrest ANY person for

ANY offence on that property.

You do not have to assist a police officer with an arrest.

Only the police may search a suspect whom they have arrested.

You can keep anything you find on a suspect that can be used as

a weapon.

You may seize any article mentioned in section 20.

You may confiscate ANYTHING that can be used as evidence

of a crime ANYWHERE.

Property owners can search their property.

Any search must be done in a dignified manner.

A man may search a woman‘s body, and her handbag.

If the suspect does not resist, it is not necessary to touch

him/her.

You MUST inform the suspect of the reason for the arrest.

You don‘t need to demand entry before breaking open any

property.

You cannot use lethal force to protect yourself against a drunk who slapped you.



22


It is not an attack if the suspect is threatening and posturing

while backing away.

You can protect someone else.

If a suspect runs away you may follow him to attack him.The state is liable if you perform an unlawful arrest.

You may protect someone else by putting a knife to the throat

of the attacker‘s brother.

25

Total: 35



23

Answers

Question 1: Which of the following are Schedule 1 offences?

Offence YES NO

Prostitution XPublic drunkenness X

Littering X

Murder X

Dumping X

Robbery X

Drunken driving X

Rape X

Urinating in public X

Abusive language X

10Question 2: Mark the following statements as True or False


Neighbourhood Watches are governed in legislation by Act 51

of 1977.X

It is possible for a neighbourhood watch to be formed and to

function without registration.X

Failure to register renders a neighbourhood watch illegal. X

Everyone has the right to freedom and security. X

You can arrest anyone who commits or attempts to commit aSchedule 1 offence.

X

You can arrest anyone who is trying to escape from some form

of authority.X

You can arrest anyone whom you see fighting. X

Any person in charge of property may arrest ANY person for

ANY offence on that property.X

You do not have to assist a police officer with an arrest. X

Only the police may search a suspect whom they have arrested. X

You can keep anything you find on a suspect that can be used as

a weapon.X

You may seize any article mentioned in section 20. X

You may confiscate ANYTHING that can be used as evidence

of a crime ANYWHERE.X

Property owners can search their property. X

Any search must be done in a dignified manner. X

A man may search a woman‘s body, and her handbag. X

If the suspect does not resist, it is not necessary to touch

him/her.X

You MUST inform the suspect of the reason for the arrest. X

You don‘t need to demand entry before breaking open any

property.

X

You cannot use lethal force to protect yourself against a drunk X



24


who slapped you.

It is not an attack if the suspect is threatening and posturing

while backing away.X

You can protect someone else. XIf a suspect runs away you may follow him to attack him. X

The state is liable if you perform an unlawful arrest. X

You may protect someone else by putting a knife to the throat

of the attacker‘s brother. X

25

Total: 35

Documents

Neighbour Hood Watch 1 Legal Considerations