UNLAWFUL ARREST LAWYERS IN SOUTH AFRICA
Your Preferred Legal Partner For Unlawful Arrests & Detention Claims
WHAT DOES UNLAWFUL ARREST ENTAIL IN SOUTH AFRICAN LAW?
The Constitution places a duty on the police to prevent, combat, and investigate crimes, maintain public order, uphold the law, and to protect and secure all people within the borders of South Africa, including their properties.
The police under the South African Police Department and the Tshwane Metro Police are allowed to use force where necessary to execute their duties. However, the force used must always be proportional to the circumstances. In the event of police officers using excessive and unnecessary force, they may be guilty of a criminal offense, including but not limited to assault.
Apart from the possibility of civil litigation in relation to personal injury laws, Section 4(1) of the Prevention and Combating of Torture of Persons Act No. 13 of 2013 states: “Any person who commits torture; attempts to commit torture; or incites, instigates, commands, or procures any person to commit torture is guilty of the offence of torture and is liable on conviction to imprisonment, including imprisonment for life.”
Further to this, section 12(1) of the Constitution of the Republic of South Africa stipulates that each individual has personal rights to security, free from all forms of violence, torture, and to not be mistreated in a cruel, inhumane, or humiliating manner.
A CLAIM CAN BE INSTITUTED AGAINST THE MINISTER OF POLICE FOR UNLAWFUL ARRESTS AND DETENTION
Where an arrest is made by a police officer and it is found that the person arrested was arrested and detained wrongfully and unlawfully without proper legal authority, the person whose freedom of movement was unjustifiably restricted may institute a claim for damages against the Minister of Police. A claim can also be instituted where a wrong person was arrested or detained without probable cause that they indeed committed a crime. Victims of a wrongful or unlawful arrest, detention or injury by a police officer could be entitled to institute a claim against the Minister of Police. Claims against the Minister of Police could include the following:
As a result of bodily injuries, including claims for past and future medical expenses, past and future loss of earnings and for pain, suffering and disfigurement (General Damages);
Claims for loss of support and/or funeral expenses, where a breadwinner passed away as a result of the injuries sustained.
Police and metro police officers have the authority to arrest and detain suspects but incidents of unlawful arrest and detention by overzealous officers have been on the rise. Should you believe that you were unlawfully arrested and detained, contact PM Attorneys for a consultation.
INSIST ON DEALING WITH EXPERT UNLAWFUL ARREST AND DETENTION LAWYERS
PM Attorneys are one of Pretoria’s leading unlawful arrest firms, practising from our offices in Centurion, Gauteng. Our specialist unlawful arrest lawyers have successfully been operating since 2008, delivering clients across South Africa with the best legal solutions based on experience and knowledge of South African Laws and their successful interpretation.
PM Attorneys’ unlawful arrest experts employ a formidable litigation team with extensive experience dealing with the SAPS, police brutality and Metro Police Officers in relation to unlawful actions across South Africa. Be sure to trust PM Attorneys professionals with your claim. Should you believe that you were unlawfully arrested and detained, contacts us immediately for a consultation.
PM Attorneys boast extensive experience, knowledge and years in practice, making us the preferred legal partner in South African Law. Contact us for professional, expert advice and effective legal solutions to your wrongful arrest claim matters.
