Claims against the Minister of Police
For people who believe police acted unlawfully and harmed them, and for family members acting for them or whose relative died in police custody or after police action.
What this covers — and what it doesn't
A claim against the Minister of Police is a claim for compensation for harm caused by members of the South African Police Service in connection with their work as police officers. Sometimes that can include an officer who was off duty; it depends on the facts. Examples are an arrest without proper grounds, being held in custody without legal justification, an assault or excessive force, property damaged unlawfully or unnecessarily during police action, or a prosecution that police set in motion without reasonable grounds and with improper intent, for example by giving the prosecutor false information. Under the State Liability Act, the claim is brought against the Minister of Police on behalf of the state. The state can be held responsible, so you do not have to sue the individual officer.
An arrest is not automatically unlawful. The law allows police to arrest and detain people in many situations, and the fact that charges were later withdrawn does not, on its own, prove the arrest was wrong. For an arrest, detention or use of force, the question is whether the police can justify it on the facts and the law at the time. A prosecution claim needs more, including proof that police set the case in motion without reasonable grounds and with improper intent. That is decided on evidence: what the police knew, what they did, and what the records show. Being held unlawfully is itself a harm the law recognises, even if you were not physically hurt.
This is a claim for compensation (money). It is not a criminal charge against the officers, and it does not stop, replace or decide any criminal case you may be facing. This page also does not cover every harm involving officials. Injuries from a crash involving a police vehicle are usually a Road Accident Fund claim. Harm caused by traffic officers, municipal law-enforcement officers, prison warders or soldiers is usually claimed against a different part of the state, and harm caused by private security guards is usually a personal injury matter. If you are not sure which applies, we will point you to the right route. Our role is to request the police and court records, assess them honestly, and give you a straight answer about whether a claim has merit before costs are run up pursuing one that does not.
- An arrest that seemed to have no good reason behind it
- Being held in a police cell or other custody without proper justification, or for longer than the law allows
- A prosecution the police pushed for by giving the prosecutor false or misleading information, where the charges were later dropped or you were found not guilty
- An alleged assault or shooting by police, or force that may have gone beyond what the situation required, including where a family member died in custody or after police action
- Property damaged unnecessarily, or without lawful grounds, during a police search, raid or arrest
Examples only — never a conclusive legal test. Whether a claim exists always depends on the facts and evidence of the specific matter. Police are allowed to arrest, detain, search and use reasonable force in many circumstances. Please do not share details of a criminal case or your injuries through public forms. We will discuss those with you in a confidential consultation, and request records through the proper channels once we have agreed in writing to act for you.
What to keep safe, starting now
- Keep the police case number and every document you were given: charge sheet, bail receipt, court papers and release papers
- If you were injured, see a doctor promptly, keep the medical records, and photograph your injuries and any damaged property
- Write down what happened while you remember it, with dates, times, places and what was said. Keep it private and share it only with your attorney
- Note anything you remember that identifies the station, officers or vehicles, and the names of witnesses or anyone who filmed what happened. Keep photos and videos, and do not delete them. Do not go back to the station to ask for names; they can be requested through the proper channels
- Keep attending court if a criminal case is still open, and do not confront the officers or post about the matter on social media
Before a claim against the police can go ahead, written notice must be given to the state under the Institution of Legal Proceedings against Certain Organs of State Act, and the time for giving it is short. Claims also prescribe (expire). Missing either can end the claim, so get advice promptly. If you think the time has already passed, contact us anyway.
Leshilo Attorneys Incorporated · 11 Rabe Street, Corner President Paul Kruger Street, Polokwane Central, Polokwane · 015 280 0070 · leshiloattorneys.com
The path to resolution
High-level stages — matters differ, experts may be involved, and honest uncertainty is part of proper advice.
Fees are agreed in writing before work starts — no verbal fee promises, here or anywhere. Depending on the matter, regulated contingency ("no win, no fee") arrangements may be available, subject to the legal caps and formalities. How fees work, in plain language.
Tell us what happened
In broad terms only at first. Details of any criminal case are discussed in a confidential consultation, not through public channels.
Engagement and notice
Sending us an enquiry does not mean we act for you, and it does not stop time running. If we agree to act, what we will do and our fees are agreed in writing first. Where a claim may exist, we then give the written notice to the state promptly, because the time for it is short.
Records and honest advice
We request the police docket (case file), custody and court records through the proper channels and tell you plainly whether they support a claim. Not every arrest does.
Claim and litigation
Where the evidence supports a claim, we work out the harm suffered and pursue the claim against the Minister, by negotiation or in court. We keep you informed at each stage rather than promising dates or amounts.
Questions people ask
- I was arrested and later released. Do I have a claim?
- Not automatically. The law allows police to arrest in many situations, including where an officer reasonably suspects a person of certain offences. Charges being withdrawn, or a not-guilty verdict, does not by itself make the arrest unlawful. But the law does not expect you to prove the arrest was wrong: it is the police who must show that the arrest and detention were lawful. Whether they can depends on the facts and the records, so it is worth getting advice promptly, even if you are unsure.
- Is this the same as laying a charge against the police, or my own criminal case?
- No. This is a claim for compensation for harm you suffered. It is not a criminal charge against the officers, and a complaint to the Independent Police Investigative Directorate (IPID) is a separate process. Neither a charge nor an IPID complaint counts as the written notice this claim needs. This claim also does not end or decide any criminal case you may be facing. Do not wait for that case to finish before getting advice: the time for giving notice about an arrest, detention or assault may already be running.
- What if the time for giving notice has already passed?
- Contact us anyway, and quickly. A court can sometimes allow a late notice, but only on strict conditions: the claim must not have expired (prescribed), there must be good cause for the delay, and the state must not have been unreasonably disadvantaged by it. It is never safe to rely on that, and the longer the delay, the harder it becomes.
Answers last reviewed 21 September 2026 · Jurisdiction: South Africa · see the disclaimer.
Who works on these matters
From the briefing room
Prescription and time limits: why waiting can cost you your claim
Claims expire. Some quietly, some quickly, and some in ways that surprise people — notice periods for state defendants, special RAF rules, and the narrow exceptions. Why 'I'll deal with it later' is the most expensive sentence in personal injury law.
How personal injury legal fees work: mandates, contingency and costs
What you should expect to see in writing before any work starts, how 'no win, no fee' arrangements are regulated, and the questions worth asking any firm about money.
The confidential next step.
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Submitting an enquiry does not create an attorney-client relationship. We confirm receipt, review conflicts and suitability, and agree any engagement in writing.
This page is general information, not legal advice. No attorney-client relationship exists until an engagement is agreed in writing. Outcomes depend on the facts, evidence and law of each matter, and past results do not guarantee future outcomes. Deadlines can be short — do not rely on this website to determine or preserve them.