The police suspected two men Paul and Lundi of being car thieves. One afternoon the police were driving through the streets of Botshabelo. They saw a pink Mazda parked outside a house, with the two suspects sitting inside. The registration number was the same as the number on a car reported stolen two days before. The police stopped and got out to arrest the men but the two men jumped out of the car and tried to run away. The police ran after the men and called out to them to stop, but the men did not stop. The police pulled out their guns, fired a warning shot and then shot the men in their legs. Then they arrested the men.

What Does the Law Say?

The police found Paul and Lundi in the stolen car. The law says that a police officer can arrest you without a warrant if they catch you while you are committing a crime. (See: Arrest without a warrant)

They were caught in the act so the police did not have to give a reason why they wanted to arrest the suspects. This was a lawful arrest. The law says that the police can use force to make an arrest if the suspect tries to fight or run away. But the law says that police must use as little force as possible. If they shoot, they must try to shoot just to stop the person, not to kill. The Constitutional Court has held (in S v Walters) that shooting a suspect for the sole purpose of making an arrest is only possible in limited circumstances. (See: Making a lawful arrest)

In this case, the police could not stop Paul and Lundi without shooting them. So the use of force was lawful.

(See: Using force to make an arrest or to stop you escaping from arrest)

What Can They Do?

If the police ask Paul and Lundi to give them their names and addresses, they must do this. They do not have to say anything else.

Paul and Lundi have a right to see an attorney. If they do not know an attorney, they must contact a member of their families, a friend or someone from the nearest advice office to find an attorney or to apply for legal aid for an attorney. They may ask to see a doctor immediately to treat their injuries and they may ask for court bail when they appear in court. (See: Bail)