R1.66 billion in claims paid out by Saps for assault, wrongful arrest and detention over four years

The South African Police Service (Saps) paid out at least R1.66 billion in claims to people for wrongful arrest and detention as well as assault in police custody over four years.

This was recently revealed by Police Minister Senzo Mchunu in his response to a parliamentary question.

Saps claims for wrongful arrest and detention

In a detailed breakdown, Mchunu revealed that there were 3 303 claims filed against the state for wrongful arrest and detention in the 2020/2021 financial year, with Saps paying out R239.2 million (R239 299 759.27).

The following year saw an increase to 3 830 claims during the 2021/2022 period, with payouts rising to R346.2 million (R346 220 870.81).

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In 2022/2023, the number of claims jumped to 4 550, with the amount paid reaching R541.7 million (R541 751 164.30).

By 2023/2024, claims surged to 5 533, resulting in payouts of R491.3 million (R491 316 050.48).

Over the four years, the total amount paid out for wrongful arrest and detention claims was an enormous R1.62 billion (R1 618 587 844.86).

Assault claims

For assault claims, the payouts were smaller but still significant.

In 2020/2021, 74 claims resulted in R4.8 million (R4 887 840.86) being paid out.

The number of claims dropped slightly to 65 in 2021/2022, but payouts increased to R11.2 million (R11 297 457.47).

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In 2022/2023, 82 claims were filed, with payouts totalling R16.3 million (R16 307 597.84).

The 2023/2024 year recorded 125 claims, with payouts amounting to R15.6 million (R15 631 538.98).

Over four years, the total payout for assault claims was R48.1 million (R48 124 435.15).

All claims received and settled by Saps

Over the four years, Saps received a total of 52 032 general claims.

In 2020/2021, 10 689 claims were recorded, followed by 13 262 in 2021/2022, 12 842 in 2022/2023, and 15 239 in 2023/2024.

Of these, 18 078 claims were settled during the same period.

This included 2 899 claims in 2020/2021, 3 432 in 2021/2022, 5 366 in 2022/2023, and 6 381 in 2023/2024.

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Mchunu was unable to disclose whether any claims were paid out to foreign nationals.

“Payment is effected to the trust account of the plaintiff’s attorney, as per the power of attorney.

“It is, therefore, difficult to determine if claims were paid to foreigners.

“However, measures have subsequently been put in place to address this deficiency,” the minister explained.

State ordered to pay R4 million to three men

Last month, the minister and the national director of public prosecutions were ordered by the Free State High Court to pay R4 million to three men for unlawful detention and malicious prosecution.

This ruling followed the dismissal of their application for leave to appeal an earlier judgment, with costs.

The three men — Osiah Maqaesa Sehlako, David Tladinyane Tlale, and Jacob Saona Lekuta — were arrested separately between May 2013 and May 2014 on charges of murder, attempted murder, robbery, and housebreaking.

All three were initially denied bail in the lower court.

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Their case was later moved to the high court, where Sehlako and Letuka were granted bail in February 2017.

However, the charges against all three were eventually dropped in June 2017.

In August 2019, the men filed a lawsuit against the state for unlawful arrest, detention, and malicious prosecution, seeking compensation for emotional trauma, loss of income, and the damage caused to their quality of life.

The High Court awarded R1.3 million to Letuka, R1.4 million each to Sehlako and Tlale for unlawful detention, along with an additional R250 000 each for malicious prosecution.