SD Nel Attorneys instituted action in the North Gauteng High Court, against the Minister of Police for damages resulting from unlawful arrest, subsequent detention, and alleged assault by members of the South African Police Service.
It is trite that an arrest or detention is prima facie wrongful and the onus rests on the Minister or its representatives to prove that it was in fact lawful and to justify the arrest.
The Minister or its representatives failed to adequately prove their case, on a balance of probabilities, and SD Nel Attorneys was successful in their claim, on behalf of the Plaintiff.
Damages was awarded together with interest at the prevailing interest rate, and costs on a High Court Party & Party Scale.
If you feel that you have been unfairly treated by members of the South African Police Service, contact our office to schedule your consultation.
Written by SD Nel