Have you been assaulted by the Police? And you want to claim? Here is how you lay assault charges against them.
Were you conscious and cognizant of this legal recourse in South Africa? You are legally entitled to compensation if you successfully lodge an assault claim against the South African Police Services(SAPS) as a victim of their brutality towards you or your loved ones. Therefore in a bid to safeguard your rights, it is significant to know when and how to claim.
Did you know?
In 2019, the Independent Police Investigative Directorate (IPID) released statistics stating that 3,835 cases of assault were lodged against SAPS during the cause of that year.
First Things First :
It is of paramount importance to always seek to safeguard your life, well-being, and security if you find yourself in such a situation. For the issue not to escalate to a catastrophic level, do not retaliate using any form of backlash/violent means or using any illegal means to avoid being ‘illegally arrested’.
Based on the severity of the assault, either call for medical assistance or contact loved ones.
However, in the context of the law, delaying sought-after medical intervention makes it challenging to establish a causal link between the assault and your injuries.
The legal process :
Do ensure that you record as much relevant information as possible of the assault. Here is what is required to increase your chances of a successful claim against the SAPS, therefore ensure that you have documented :
- Names and identification numbers of offending officer(s).
- Details of exactly what occurred and where and when.
- Contact details of the witnesses.
- Reports from attending healthcare professional/medical services.
- Results/documentation of any other medical costs.
- Photographs showing any visible injuries.
- Receipts for medical costs and any other costs due to the assault.
What is there for you to lodge a claim for?
- Compensation for the following :
- Loss of income if you miss work.
- Medical costs for physical, emotional, and or psychological harm resulting directly from the incident.
- Pain and suffering caused by the assault.
- Loss of support, if a family breadwinner dies as a result of unlawful police action.
The process of lodging an assault claim against SAPS :
You are advised to get in touch with a qualified Legal Practitioner who is well-versed in personal injury law.
Manzankosi Corporate Legal Consultancy can assist you with evaluating your claim, assist you with the preparation of supporting evidence, and represent you in a court of law.
Contact: 067 147 2323 | 081 712 1114 or alternatively, www.manzankosiclc.co.za .
