No.2
(:RLJ\1 IN \LPMX'EDl'RE AND EVIDENCE /\MEJ'.'DMEJ'.T
(iii)
his or her spouse or partner; or
(iv)
his or her relative of choice; or
(v)
anyone else of his or her choice;
for the purpose of informing the person contacted about the
arrest.
(2) \Yhere a person has been informed of his or her rights referred
to in subsection (I) in the English language, it shall he presumed, unless
the contrary is proved, that he or she was informed of his or her rights m
a language he or she understands.
(3) For the purposes of subsection ( l)(d), if an arrested person does
not succeed, without any fault on his or her part, in contacting a person of
his or her first choice, the arrested person shall he allowed an opJXlliunity to
contact any other person until he or she succeed'S in contacting him or her.
( 4) The Tenth Schedule shall guide a peace officer as to the form
of the words to be used for the purposes of subsection ( 1).
(5) Where a 1~rson has been arrested hy a private person in terms of
this Act or any other enactment, the private person must as soon as possible
deliver the arrested person over to a police orticer, who must then, as soon
as he or she is satisfied that the arrest is justified, cause the arrested person
to he infonned of his or her rights in the manner provided in subsection ( l ).
(6) Every person concerned in the arrest of another person, under
this Act or any other enactment and whether the arrest is with or without
warrant, shall ensure that the arrested person is-
(a)
treated humanely and with respect for his or her inherent
dignity; and
(b)
pennitted to challenge the lawfulness of the arrest in person
before a com1; and
(c)
released promptly if the arrest is unlm\'ful.
(7) A person who has been detained following an arrest, under
this Act or any other enactment and whether with or without warrant,
shall be accorded, by the person tiJr the time being in charge of the place
where he or she is being detained, the right to-
(a)
be inttmned promptly of the reason for his or her detention;
and
(h)
consult in private with a registered legal practitioner of his
or her choice, and to be informed of this right promptly;
and
(c)
communicate with, and be visited by(i)
a spouse or partner; and
(ii)
a relative; and
(iii)
a religious counsellor of his or her choice; and
(iv)
a registered legal practitioner of his or her choice; and
(v)
a registered medical practitioner of his or her choice;
and
(vi)
subject to any reasonable restrictions imposed for the
proper administration of the place of detention, an)
other person of his or her choice;
and to be informed of this right promptly;
2016