If you’ve been unlawfully detained or injured due to assault and/or shooting by a police officer, you may have a personal injury claim against the South African Police Service (SAPS) or your city’s metropolitan police department.
What constitutes a claimable offence by the police
The SAPS may be held liable for damages that individuals incur because of unlawful conduct and/or misuse of authority by on-duty police officers.
For example, the SAPS may be required to compensate individuals who have been injured in a shooting incident or an assault by a police officer.
It’s unlawful for any police officer to use unreasonable force. If police assault or an incident of police shooting results in physical or psychological damage, it may be grounds for a personal injury claim.
It’s also unlawful for a police officer to arrest and detain someone without a warrant of arrest, unless the officer witnesses the person committing an offence or has justifiable cause to believe that the person was involved in committing a crime. Although damages may be claimed for wrongful arrests, it must be noted that valid wrongful arrest claims are few and far between; and damages awarded for such successful claims are often negligible.
Claimable damages in police claims
If you’re the victim of a police assault or shooting, you may be able to claim compensation for past and future medical expenses, including costs associated with hospitalisation, treatment and rehabilitation.
You can claim for loss of earnings while in police custody; for future loss of earnings due to injuries sustained; and for loss of support, if a breadwinner in your family has died due to police assault.
What you can do to help your case
Compile as much information as possible about your case, including:
- the name(s) of the offending officer(s)
- the names and contact details of any witnesses
- medical reports associated with physical or psychological injuries you sustained as a direct result of police assault
- receipts for medical costs and any other payments you make in relation to the incident
- photographs of any visible injuries
- documents verifying loss of income, such as tax returns showing diminishing income or a letter from your employer.
Ensuring a successful civil claim against the SAPS
Making a successful personal injury claim against the police is a challenging task.
In the 2014/2015 financial year, for example, claims to a total value of R9.6 billion were made against the SAPS. For that period, only R290 million was actually paid out. The remaining R7,3 billion wasn’t awarded, with claims either rejected or significantly reduced in value.
One of the main causes of cancelled claims against police in South Africa is the incorrect assumption that being arrested and not subsequently charged is reason enough for a damages claim.
Matters involving unlawful detention and police assault and/or shootings are more likely to result in successful claims with higher payouts.
Personal injury claims against organs of state like the SAPS or your metropolitan police department are subject to certain, special rules. For example, the SAPS must be notified of your intention to sue within six months of the incident in question. Claims against organs of state are also subject to specific time limits.
Hiring an attorney with experience in handling police claims is a crucial step. The attorney can assess the viability of your claim, guide you through the claims procedure and represent your interests, helping ensure that you get the compensation you deserve.