Question 1

Can I sue SAPS for wrongful arrest?

Accepted Answer

Civil claims arising from allegedly unlawful arrest and detention by SAPS members are usually brought against the Minister of Police. Notice under Act 40 of 2002 and the Prescription Act 68 of 1969 apply.

Question 2

Can I claim if charges were withdrawn?

Accepted Answer

Withdrawal of charges is not conclusive but is often relevant. The civil enquiry examines whether the arrest and any detention were themselves lawful.

Question 3

How long do I have to claim?

Accepted Answer

The standard prescription period is three years under the Prescription Act 68 of 1969, and statutory notice must be given within six months of the debt arising under Act 40 of 2002.

Questions, answered.

01Can I sue SAPS?+

02Can I claim if the charges were withdrawn?+

03Can I claim if I was released the same day?+

04Can I claim if I only spent one night in jail?+

05Can I claim if I was later acquitted?+

06Can I claim if I was arrested with a warrant?+

07Can I claim if I was assaulted in custody?+

08What evidence do I need?+

09Do I need money upfront?+

10How much compensation could I claim?+

11How long does a claim take?+

12Will my details be kept confidential?+

13What happens after I submit the calculator?+

14What if the arrest was years ago?+

15Can I claim for psychological harm?+

16What is the difference between arrest and detention?+