Unlawful Arrests

A claim against the south african police services and the national prosecuting authority

No person may be arrested in South Africa unless the South African Police Official who executes the arrest complies with the provisions laid down in the Criminal Procedure Act. If the Police Official did not comply with Section 40 of the Criminal Procedure Act, the arrest will be unlawful and so also the subsequent detention. Should the Police oOfficials further assault you during the time of your arrest or detention, you will also have a claim for the damages stemming from the injuries sustained in the assault.

The duration of your detention in the Police Station will often determine the amount which you will receive as compensation. The Court will look at the duration of your incarceration. In some instances, the Court will give you anything between R20 000.00 and R90 000.00 for one day incarcerated depending on the circumstances.

Should the Prosecutor in Court, following the arrest, maliciously decide to prosecute you in circumstances where there is no basis for it, you could further have a claim for malicious prosecution against the National Prosecuting Authority (NPA). It is important to take note of the fact that in the event of the Police misleading the NPA in the nature of the charges and evidence against you resulting in you being denied bail, the Police will remain liable for the duration of your incarceration.  M Du Toit Attorneys can assist you in the prosecution of your claim against the Minister of Police as well as the NPA and have been successful in multiple claims against them.

In the event that the Police shot you during the course of your arrest and you have sustained injuries, you could further have a claim for the damages suffered be it in medical expenses or a loss of earning capacity.

In the event of a loved one dying during an incarceration or arrest, the Dependents could have a claim against the Police for a so-called loss of support claim.

You should always be mindful of the fact that if you intend to claim against the Police, you need to notify them within 6 months from the date of your arrest of your intention to claim against them. This notice has to comply with the requirements laid down in the State Liability Act and also the Institution of Legal Proceedings Against Certain Organs of State Ac.  Failure to do so will prejudice your claim.

Don’t wait, set up your obligation free consultation with us and have your claim properly assessed. We will advise you of the prospects of success in your claim and the amount which could possibly be claimed.


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