Unlawful Arrest & Detention in South Africa

When an individual is unlawfully arrested and detained it infringes upon a number of fundamental human rights.

Firstly, it infringes upon the individual’s inherent right to dignity. Secondly, it infringes the right to freedom and the security of the person and protects the right not to be deprived of such freedom arbitrarily and without just cause.

Police offers may only arrest an individual without a warrant of arrest if that officer is witnessing a crime or when there is reasonable suspicion that a person has committed a schedule 1 offence.

Should you have been arrested unlawfully, you are within your rights to sue SAPS and the Minister of Police, but it is important to note that you are required to give notice of such intention within 6 (SIX) months. Should you fail to give notice, as mentioned, you have to approach the court to apply for condonation.

You can claim damages for the following if you have been unlawfully arrested and/or detained:

Past and future medical expenses;
Infringement of your dignity loss of freedom and pain and suffering (also known as general damages);
Past- and future loss of income;
In the event that someone passed away as a result of the unlawful arrest, you may qualify for a claim for loss of support.

Incidents of unlawful arrest and detention by overzealous police officials have been on the rise. Should you believe that you were unlawfully arrested and detained, contact Danel Campbell Attorneys for a consultation.