Marius is an attorney whom i trust and know will not give me the runaround. He has been very helpful and always had my best interest at heart. Very knowledgeable and goes the extra mile. I am very blessed and grateful to have him represent me and give me guidance in all matters. I highly recommend him.
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.
I HIGHLY recommend Du Toit Attorneys! We recently had to deal with an extremely serious matter and if it were not for Marius it would have had a very different outcome. Throughout the entire process Marius assisted & supported us in a way that you would not normally associate with an attorney. He literally gave our family our lives back & secured the best possible outcome. Thank you Marius.
Du Toit Attorneys - With Marius Du Toit being at the helm and as my specifically appointed Attorney literally were a complete and utter God send. Their complete understanding of the circumstances and attention to detail was a game changer within my case. Without a question or hesitation I would most gladly recommend Du Toit Attorneys as the only firm to appoint for your legal matters.
I would like to thank Du Toit Attorneys for the assistance and help with a indecent assault case November 2017 at the regional court in Pretoria. It was a very difficult case in terms of time related issues with 9 statements that happen longtime ago that there was no medical evidence. Du Toit Attorneys proved the court that I was not guilty. Will highly recommend Du Toit Attorneys for any of your assistance.