Accountability for Police Conduct
Members of the South African Police Service are given significant power to arrest, detain, and use force where necessary, but that power is not unlimited. When those powers are exceeded, through wrongful arrest, unlawful detention, excessive force, or a shooting that was not justified, the state can be held liable, and affected individuals have the right to pursue a civil claim.
What Counts as Unlawful Arrest or Detention
An arrest is unlawful if it is carried out without reasonable grounds, without the required warrant where one is needed, or if a person is detained for longer than legally permitted without being brought before a court. Being released without charge, or having charges later withdrawn, can be relevant evidence that an arrest lacked proper justification in the first place.
Assault and Excessive Force
Claims often arise where police use force beyond what was reasonably necessary to effect an arrest or maintain order, resulting in injury. This includes assaults occurring during an arrest, while in police custody, or during crowd control operations. Medical records documenting injuries, along with any available photographs, are important evidence in these matters.
Shootings by SAPS Members
Where a person is injured or killed as a result of a shooting by a police officer, and that use of lethal force was not lawfully justified, the state can be held liable for damages. These are serious and sensitive matters that require careful investigation, often involving statements from witnesses and, where available, official incident reports or bodycam footage.
The Notice Requirement for Claims Against the State
Because these claims are brought against an organ of state, the Institution of Legal Proceedings against Certain Organs of State Act requires that formal notice of an intended claim generally be given within six months of the incident. Missing this notice period can complicate an otherwise valid claim, so acting quickly is important.
Speak to an Attorney Who Understands These Claims
Claims against SAPS require a careful, methodical approach and an understanding of the procedural requirements involved in suing an organ of state. Lowe & Petersen Attorneys represents Cape Town clients in these matters on a no win, no fee basis, providing clear guidance through what can be an intimidating process.