The South African Police Service and our country’s security officials are there for our protection, and most often they do a commendable job. However, there are instances when they do not.
Many (some may not) live to tell of how police officers have acted wrongfully against people, with crippling effects, subjecting them especially to unlawful, often violent, behaviour.
And, very often it boils down to abuse of power, poor training and incompetence, leading to infringing the rights of South African citizens.
What recourse to this do people have?
The law makes provision for those who may have been subjected to police violence or any other unlawful behaviour and who wish to institute claims against them.
Grounds for claims against police include:
– Torture or assault by police or assault while in police custody
– Malicious persecution
– Discharge of a firearm
– Unlawful detention
– Impairment of dignity
– Medical costs for physical, emotional or psychological harm as a result of unreasonable police action
– Injury or death while in police custody or as a result of police actions
– Loss of support, if a breadwinner dies in a police incident
– Arrest without just cause
– Rape or sexual assault by a police officer, on or off duty, or while in police custody
– Failure by police to be brought before court within 48 hours or if the 48 hours expire outside of ordinary court hours or an ordinary court day, later than the end of the first following court date after being arrested.
Should you wish to institute a claim against the police it should be done as soon as possible as there are time restrictions on such claims. The Minister of Police must be notified by your attorney of your intent to pursue such a claim.
This must occur typically within six months of the incident, unless there is just cause and they may then ask the court for a condonation.
Should 90 days lapse after serving notice of intention to institute legal proceedings without response, civil action may then be instituted against the Minister of Police.
It is also important to note a claim will lapse if action is not instituted within three years of the date of the incident.
