Faculty of Law

JCJ3002
MODULE 5: Interrogation, interception and establishing the bodily features of a person
Interrogation
 S 205 of the Constitution
• (3) The objects of the police service are to prevent, combat and
investigate crime, to maintain public order, to protect and secure the
inhabitants of the Republic and their property, and to uphold and
enforce the law.
• Part of investigation is the questioning of persons and the obtaining of
statements
 No legal duty of persons to furnish information, except for
- common law offence high treason,
- and several statutory offences such as those listed in the
provisions of s10 of Drugs and Drug Trafficking Act, and
provisions of s7 of Protection of information Act
Entry to premises to interrogate persons
S 26 CPA
• Where a police official in the investigation of an offence or
alleged offence reasonably suspects that a person who may
furnish information with reference to any such offence is on
any premises, such police official may without warrant enter
such premises for the purpose of interrogating such person
and obtaining a statement from him: Provided that such
police official shall not enter any private dwelling without the
consent of the occupier thereof.
Entry to premises to interrogate persons
 S27 CPA
 (1) A police official who may lawfully search any person or any premises or who
may enter any premises under section 26, may use such force as may be
reasonably necessary to overcome any resistance against such search or against
entry of the premises, including the breaking of any door or window of such
premises: Provided that such police official shall first audibly demand admission
to the premises and notify the purpose for which he seeks to enter such premises.
 (2) The proviso to subsection (1) shall not apply where the police official
concerned is on reasonable grounds of the opinion that any article which is the
subject of the search may be destroyed or disposed of if the provisions of the said
proviso are first complied with.
Obtaining the name and address of a
person
 S 41 CPA
 1) A peace officer may call upon any person—
• (a) whom he has power to arrest;
• (b) who is reasonably suspected of having committed or of having attempted
to commit an offence;
• (c) who, in the opinion of the peace officer, may be able to give evidence in
regard to the commission or suspected commission of any offence,
 to furnish such peace officer with his full name and address, and if such person
fails to furnish his full name and address, the peace officer may forthwith and
without warrant arrest him, or, if such person furnishes to the peace officer a
name or address which the peace officer reasonably suspects to be false, the
peace officer may arrest him without warrant and detain him for a period not
exceeding twelve hours until such name or address has been verified.
Obtaining the name and address of a
person
 (2) Any person who, when called upon under the provisions of subsection (1)
to furnish his name and address, fails to do so or furnishes a false or incorrect
name and address, 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.
Detention for the purposes of interrogation

 S12 of the Drugs and Drug Trafficking Act

This section contains drastic powers for the detention of persons for
interrogation under a warrant issued by a magistrate
Power relating to the possible witnesses
 Special powers are delegated to the prosecuting authority to enable it to summon people
to appear before a judge, magistrate or regional magistrate in order to answer questions
about the commission of a crime. Such a summons can be used in terms of section 205
to bring a person before a court. The person can obviously decide to cooperate with the
state voluntarily, and if he/she answers questions to the satisfaction of the prosecutor or
the DPP, he/she no longer has to appear before the court.
 S205 of the CPA
 s205 is specially designed to compel a person to reveal his/her knowledge of an alleged
crime, which knowledge he/she has refused to disclose to the police. The peace officer
having sound reasons to believe that such a person has knowledge concerning the
alleged crime. If such a person refuse to give the required information or to answer
questions from the Prosecutor the court may enquire in a summary manner why the
person is refusing to give the information or answer questions. If the person does not
provide a just excuse the court will sentence the person in terms of s189 if the court is of
the opinion that such information is necessary for the administration of justice or of the
maintenance of law and order. The person is not obliged to answer any self -incriminating
questions nor does the prosecutor have the right to cross-examine the witness.

 S205 0f the CPA is not inconsistent with the Constitution but the application thereof may
be inconsistent depending on the merits of the facts (Nel v Leroux 1996 (3) SA 562 (CC)
 Power relating to suspects and accused
 Suspects have the right to remain silent (s 35 of the Constitution), but not the
right not to be questioned
- no inference to be drawn from silence
Interception and monitoring
 Interception of post and private conversations between persons
constitute serious infringements of privacy
 Judge may mandate interception of post, telegraphic or telephonic
communication if necessary for investigation of a ‘serious offence’
which cannot be investigated in another manner.
Ascertainment of bodily features of
accused
 S37 of the CPA:
 Obtaining data through means of finger, palm and foot-printing, conducting
ID parades, ascertaining of bodily features, taking of blood samples and taking
of photographs.
 S v Huma held that taking of f/prints does not violate right to remain silent or
dignity rights.
 Not the right to remove a bullet or handwriting samples, no administering of
truth serum.
 Possible question: Discuss the general powers of the police with regard to the
interrogation of any person, irrespective of whether such a person is a potential
witness or a person suspected of having committed a crime.
In your answer you could start with s205 (3) of the Constitution wrt objects of the
police ;
Then You will discuss the general powers of the police wrt interrogation of a person
as a potential witness or suspect (s26 and s27 of the CPA) as you will find in the PP;
You will also include the right to remain silent of a suspect/accused as outlined in the
PP slides
Finally you will refer to the powers of the police ito s41 of the CPA in cases where
potential witness/s or suspect refuse to furnish his/her name and address

OR I can give you a set of facts where you will be required to apply these sections of
the CPA to the facts
 How to Answer a question on how the police would handle a situation if a
person who, in the reasonable opinion of the police officer can provide
information concerning an alleged crime but fails to cooperate with the
police.
 Firstly, the police would be able to act in terms of s41 as explained and
outlined in the PowerPoint slide
 Additionally, you could consider the application of s205. You will find this in
the PowerPoint slides under the heading, Power relating to possible witness.
This is where a person can be brought before court in terms of section 205
of the CPA which is specially designed to compel a person to reveal his/her
knowledge of an alleged crime, which knowledge he/she has refused to
disclose to the police. The person can obviously decide to cooperate with
the state voluntarily, and if he answers questions to the satisfaction of the
prosecutor or the DPP, he no longer has to appear before the court.