Payouts of claims after illegal arrests by the SAPS for the duration of former police minister Bheki Cele’s term – from 2018 to June this year – amounted to more than R2.4 billion, says AfriForum.
The civil rights organisation said that from last year up to date, payouts of at least R600 million were made. Compared to payouts made in 2018/2019, last year’s payouts showed an increase of almost 70%.
AfriForum said the shocking revelation necessitated the urgent reform of the SAPS’s training programmes and practices.
AfriForum’s demand for reform is in response to the alarming figures of illegal arrests Minister of Police Senzo Mchunu revealed in Parliament earlier.
Mchunu said 4 135 illegal arrests were carried out in the 2023/2024 financial year, which resulted in claims of more than R2bn.
Although he emphasised in his parliamentary response to the matter that the amount did not reflect the payouts, the extent of the problem, which had clearly reached critical levels during Cele’s term, was enormous, AfriForum said.
It said wrongful arrests were unacceptable and seriously eroded public trust in South African law enforcement.
AfriForum urged the SAPS to conduct an in-depth review of its training programmes and pay particular attention to the legal aspects that accompanied arrests.
It said proper training was crucial to ensure that officers had sufficient knowledge of the law and were equipped with the necessary skills to carry out their duties fairly and effectively.
Jacques Broodryk, AfriForum’s chief spokesperson for community safety, said the civil rights organisation was also calling for a comprehensive review of the SAPS’s internal systems and processes, as wrongful arrests were symptomatic of a much bigger issue in the police.
AfriForum said that while it appreciated the hard work of the large number of dedicated police officers, the recruitment, vetting and training of SAPS personnel required urgent attention.
The devolution of policing powers was another way to ensure that quality training and accountability would be reinforced among police officers.
AfriForum said the reform of the SAPS was a key step in building a safer South Africa and that reform should include the devolution of policing powers to lower levels of government.
“We call on the new SAPS administration to take immediate steps to address the internal challenges facing the police, including poor training standards, low morale among police members and resource shortages. AfriForum is convinced that, with the right leadership and reforms, the SAPS can regain the public’s trust and ensure that all South Africans are protected against crime,” Broodryk said.
In many of the cases against the SAPS, the police service either conceived liability or was a no-show at court to defend the claim.
In such a recent case, an Uber driver, who was illegally detained for 22 hours in a filthy cell after the police mistook pieces of glass for illicit diamonds, turned to the North West High Court, sitting in Mafikeng, to claim R150 000 in damages from the police.
Judge Ronald Hendricks concluded that R60 000 in damages for the arrest and detention was a fair amount to pay Tony Sethaba.
While he gave a detailed account about what had happened during and after his arrest, the SAPS offered no defence. The police initially noted an intention to defend the claim but never forwarded a defence to the court. There was also no appearance for or on behalf of the SAPS by the state attorney.
Pretoria News