South African police face R56.7 billion in claims for unlawful arrests

The South African Police Service (SAPS) is grappling with 48,569 civil claims for unlawful arrests and wrongful detentions, amounting to a potential R56.7 billion liability. This crisis stems from systemic issues like poor training and impunity, eroding public trust in law enforcement. Recent payouts reached R620 million in the 2024/25 financial year alone.

The South African Police Service (SAPS) is confronting a massive financial and reputational crisis, with 48,569 outstanding civil claims for unlawful arrests and wrongful detentions. These claims represent a contingent liability of R56.7 billion, as revealed in a parliamentary question from Economic Freedom Fighters MP Lorato Fito to acting Police Minister Firoz Cachalia.

This figure does not indicate amounts already paid but covers all claims registered on the SAPS Loss Control System. Payouts have been rising: R541 million in 2022/23, dropping to R491 million in 2023/24, then surging to R620 million in 2024/25. From April to September in the current financial year, SAPS disbursed R301 million. Provinces like North West, Gauteng, and KwaZulu-Natal reported the highest incidents, with some North West payments linked to the Marikana Massacre.

Individual cases highlight the human cost. Franco O’Riley, arrested without a warrant in Zeerust, North West, on 6 December 2016 for common assault, was detained until 8 December. The North West High Court in Mahikeng ordered SAPS to pay him R80,000 in August 2025 for depriving him of liberty. O’Riley shared his trauma: “My greatest fear was being raped in prison. Luckily there were not too many people in my cell. After an experience like this, you are never the same person again. You lose all trust in the police. You fear them, and you will never call the police again.” He relocated to rebuild his life.

A Mthatha High Court ruling recently mandated R1.26 million for the 21-day unlawful detention of Thandekile Sabisa and Lawrence Mambila. Earlier in 2025, claims exceeded R14 billion for arrests and R714 million for shooting incidents.

Experts decry the dysfunction. North-West University’s Professor André Duvenhage called SAPS a “failed police service,” citing corruption and ethical failures amid inquiries like the Madlanga Commission. He noted the imbalance: 179,502 SAPS members versus 800,000 private security personnel, pushing communities into gated enclaves.

Wayne Duvenhage of Outa insisted the “buck stops with the minister,” blaming poor leadership and political interference. An HSRC survey shows public trust at its lowest in nearly three decades, while AfriForum attributes abuses to weak accountability and corruption.

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