What is a claim against the Minister of Police?

The Minister of Police is liable for all the wrong doings of his employees, on the basis of vicarious liability. This, in its most basic form, means where a policeman does something wrong, which causes a person damage, the Minister of Police may be held liable for the damages.

However, the Minister of Police can only be held liable for the actions of police members when they act within the scope of their employment; this includes shooting someone with their service weapon, under certain circumstances.

Types of claims include the following: unlawful arrest; police brutality; excessive force; innocent persons injured by the negligence of a police member.

When must I claim?

A claim against the Minister of Police prescribes (lapses) 3 years after the date of the cause of action. However, in terms of the relevant legislation, the Minister must be notified of an aggrieved person’s intention to litigate against them within six months of the date of the offence. If you do not send out the necessary notice within the relevant six months, you may ask for condonation from
court. A court will then decide whether there is a good enough reason for you to have delayed in sending out the relevant notice.

Mere ignorance is not a sufficient reason to delay in sending the relevant notice.

Examples of people who make claims include:
• Bystanders who were injured in crossfire,
• People arrested without reason and/or a warrant
• People who are assaulted while in the holding cells
• People who were assaulted by the police, without good reason
• The family members of people who unlawfully died at the hands of the police

Who can claim?

– A person who has been wrongly assaulted by a member of SAPS.
– A person who has been unlawfully arrested and/or detained by SAPS.
– A person who was shot.
– The family of a person who has been unlawfully killed by a member of SAPS.
– A person who has been injured while detained, or injured by a person who SAPS were supposed to have detained.

What is the procedure?

Once a file is opened, a notice is sent to the Minister of Police, as well as the National and Provincial Commissioners, notifying them of the client’s intention to institute legal proceedings.

Thereafter summons is issued from the High Court for damages suffered. The matter is set down for trial and judgement is obtained against the Minister. Payment is then made.

How do I claim?

Contact us at the below details. A consult will be arranged with one of our knowledgeable and experienced attorneys, who will explain the procedure in detail.

How much does it cost?

Campbell Attorneys are prepared to take on matters on a “no win no fee” basis. In terms of such an agreement we will only be prepared to debit fees should the claim be successful. Our fees will then be debited in terms of a written fee agreement, and will be a pro-rata share of the amount awarded.