The procedure for filing a police complaint
After a police incident, the claim process should begin as soon as feasible, therefore contact an adequately qualified attorney as soon as possible.
Because a police claim is a sort of claim against the state, it is subject to certain rules and time constraints.
Your lawyer must notify the Minister of Police of your intention to file a personal injury claim. This must usually happen within six months of the incident.
Even though the six-month deadline has passed, it may still be permissible to file a complaint. If there are compelling reasons, the courts may grant condonation – special authorization – to proceed.
A civil action can be brought against the Minister ninety days after receiving notice of the anticipated legal proceedings.
A prescription term of three years is normal. To put it another way, a claim against the police must be filed within three years of the incident or it will be lost.
What information is required to file a claim?
The more information and details you have about the incident, the more likely your claim will be successful. This includes the following:
the offending officer’s name(s) (s)
names and contact information for witnesses to the incident
medical experts’ reports
receipts for medical expenses or other incident-related expenses
Photographs of any obvious injuries, as well as video footage of the occurrence
What is a legitimate claim against the police?
The following incidents may give rise to a police misconduct claim:
Loss of income due to unlawful detention loss of support, if a breadwinner dies as a result of a police incident rape by a police officer (on or off duty) or while in police custody torture or assault by police or assault while in police custody the discharge of a firearm unreasonable loss of freedom medical costs for physical, emotional, or psychological harm as a result of unreasonable policing
Can You Recover Your Legal Fees After Being Found Not Guilty?
You may be entitled to legal costs if you are found not guilty following a trial. Non-legal expenses are not usually deductible. If you are a police officer and have seen police misconduct, you may be able to submit a Police Negligence lawsuit.
Is It Legal In South Africa To Record A Police Officer?
Unauthorized use of your images does not give you the right to trespass, violate other laws, or interfere with SAPS activities permitted by law. Someone may film or video police offices and cells, as well as the exterior and inside of police cells, in the presence of a senior SAPS official.
