Police Minister Senzo Mchunu said the legal fees were not paid by SAPS, but payment was reflected through the Office of the State Attorney. Picture: Jacques Naude/Independent Newspapers
The SAPS is saddled with R56.7 billion in contingent liabilities arising from unlawful arrests and detention that led to thousands of civil claims being instituted between 2018 and October this year.
This was revealed by Police Minister Senzo Mchunu when he was responding to parliamentary questions from DA MP Lisa Schickerling.
Schickerling also wanted to know the total legal cost to SAPS, whether paid or unpaid, for legal fees in its litigation on claims levelled against it.
“SAPS total number of contingent liability by October 31, 2024 was R56 738 088 254.37. The number of claims is 46 621,” Mchunu said in his reply. He was quick to point out that the amount was not the money paid by the police service.
“It is the contingent liability, which is liability that may be incurred by an entity, depending on the outcome of an uncertain future event such as the outcome of a pending lawsuit.”
Mchunu also said the legal fees were not paid by SAPS, but payment was reflected through the Office of the State Attorney.
Responding to separate questions from Rise Mzansi chief whip Makashule Gana, Mchunu revealed that SAPS received 52 032 claims and settled 18 078 between 2020-21 and 2023-24.
He said they paid a whopping R15 631 538 over the past four years for 347 claims in connection with assault.
A further R1 618 587 843 was paid for litigation linked to 17 216 unlawful arrests and detention during the same period.
Mchunu’s response showed payments were made as follows:
• R239m was paid for 3303 unlawful arrest and detention claims and R4.8m for 74 assault claim in 2020-21;
• R346m for 3830 unlawful arrest and detentions while R11m was for 65 assault lawsuits in 2021-22;
• R541m was paid for 4550 unlawful arrest and detention and R16m for 82 assault claims in 2022-23; and
• R491m for 5533 arrest and detention claims while R15m was for 125 assault claims in 2023-24.
Mchunu could not provide examples of offences suspects were arrested and/or detained and what the relevant details of each case and/or claims that were settled or remained unresolved.
“The SAPS Loss Control System does not link criminal cases recorded in the Case Administration System or Investigation Case Docket Management System with legal matters.
“It only addresses the causes of action. Detailed analyses per station area are required to provide this information.”
He said in order to identify the relevant cases, files would have to be retrieved from archives and manually reviewed. “This process is extremely time-consuming and impractical, as it would divert critical resources, impede current policing activities, and hamper service delivery,” he said.
Mchunu’s response comes against the backdrop of Auditor-General Tsakani Maluleke flagging civil claims instituted against the SAPS in her audit report for 2023-24 financial year.
Maluleke found that SAPS was a defendant in a number of lawsuits.
“The ultimate outcome of the matters could not be determined and no provision for any liability that may result was made in the financial statement,” she said.
This was confirmed by national commissioner Fannie Masemola to the police portfolio committee when they were accounting on their annual report. “Our contingent liability is quite high when it comes to real claims but when we pay the amounts are down,” said Masemola to the police portfolio committee.
Cape Times