"Everyone has the right to liberty and security of person. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law." 9.4 Article 6 of the African Charter on Human and Peoples Rights also provides for the right to personal liberty and states that: ‘Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.’ 9.5 In a complaint based on the violation of the right to personal liberty, it is therefore necessary to consider and answer the following questions of fact and law: i) Whether complainant was actually detained? ii) Whether the detention or arrest was permissible under section 50 of the Constitution? 9.5.1 Whether complainant was unlawfully detained? 9.5.1.1 Section 49(1)(b) of the Constitution provides that: ‘Every person has the right to personal liberty, which includes: (b) the right not to be deprived of their liberty arbitrarily or without just cause.’ 9.5.1.2 The meaning therefore is that the right is inherent and must not be arbitrarily interfered with without just cause. It therefore follows that he who arrests or detains, that is, the one who interferes with this right has the duty to justify the infringement. Put differently, the deprivation of personal liberty by an arrest or detention 13 | P a g e