Police clarify claims of more than 4 000 wrongful arrests in a year

The national commission of the South African Police Service (Saps) General Fannie Masemola has provided clarity on the more than 4 000 wrongful arrests and claims against the police in a year.

Recently, in response to questions written by RISE Mzansi about wrongful arrests in the last financial year and claims the department received, Minister of Police Senzo Mchunu said 4 135 incidents of wrongful arrest were registered with the police during the 2023/24 financial year.

The minister also revealed that these cases carry claims worth more than R2 billion (R2 241 082 675).

Over 4 000 wrongful arrest cases with Saps

He, however, emphasised that “this is not the amount that would potentially be paid to claimants”.

Reacting to Mchunu’s responses, RISE Mzansi’s National Assembly caucus whip, Makashule Gana, said he would be raising this matter with the minister and Masemola when they appear before the portfolio committee on police.

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“Wrongful arrests erode the trust between the public and the police; it is, therefore, important to understand this phenomenon in full by putting the matter on the portfolio committee’s agenda and for it to intervene where necessary,” Gana said in a statement on Tuesday.

“Building a safe South Africa means that the Saps are able to execute their duties without fear, favour or prejudice and where they do wrong, they are held accountable, so that we all have confidence in the women and men who work to keep us safe.”

In a statement on Friday, the police said the 4 100 are only claims lodged by those who were arrested.

Saps legal division interrogating merit of cases

Masemola said the Saps legal division is interrogating the merits of each case and that it has not yet paid these litigants.

#sapsHQ The #SAPS National Commissioner, General Fannie Masemola clarifies the 4000 alleged unlawful arrests and R2 Billion pay out by the police in the 2023/2024 financial year.

General Masemola says 4100 are only claims lodged by those who were arrested and that the SAPS legal… pic.twitter.com/E5TJWieOZK

— SA Police Service 🇿🇦 (@SAPoliceService) September 13, 2024

“Each case is treated according to its merits, which will determine if the Saps needs to settle or defend the matter further. It is important to note that not all claims received are paid out according to the initial litigation,” police national spokesperson Brigadier Athlenda Mathe said.

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She added that given the nature of police work, the Saps are required under the constitution to make arrests and place people in jail, but this doesn’t necessarily mean that these arrests are wrongful and unlawful.

According to Mathe, Saps has implemented a project to ensure the down management of civil claims.

“The Saps has implemented a number of measures to ensure that compliance with arrest and detention directives is followed,” she said.

Policies to down manage civil claims

“There are also policies in place to down manage civil claims in the organisation; the Saps remains committed to good governance, ethical behaviour, and consequence management within its ranks.”

Possible corruption and collusion cases are also being investigated.

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