Property damage in SA
How do you protect it and what are your rights?
This is PUBLIC VIOLENCE and Malicious injury to property.
ARRESTS BY PRIVATE PERSONS
Any private person in South Africa may arrest someone for “any collaborating, enticing to commit a crime” [2|3|5], such as within the list schedule 1 offences as per the Criminal Procedure Act of 1977 , Law 51 [2|3], and Criminal law amendment of 2007, section 3 and 4.
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 having committed 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
(3) The owner, lawful occupier or person in charge of property on or in respect of which any person 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.
Manner and effect of arrest
Criminal Procedure Act 51 of 1977 Arrest — Art 39
(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.
SCHEDULE 1 OFFENCES
Rape or compelled rape as contemplated in sections 3 and 4 of the Criminal Law
Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law
Any sexual offence against a child or a person who is mentally disabled
Trafficking in persons for sexual purposes
Assault, when a dangerous wound is inflicted.
Malicious injury to property.
Breaking or entering any premises, 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.
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.
Offences referred to in section 4 (1) and (2) of the Prevention and Combating of Torture of Persons Act, 2013.
Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.