Mchunu discloses staggering R15.5 billion in civil claims against SAPS

Police Minister Senzo Mchunu has disclosed that the police are facing civil claims amounting to R15.5 billion for shooting incidents and wrongful arrests and detentions that were recorded in the 2023/24 financial year.

Mchunu also said the police have paid R528 million after being ordered by courts and also made settlements during the same period.

He released these figures before he was placed on special leave. He was responding to written parliamentary questions from IFP MP Russel Cebekhulu, who noted “the significant financial strain that civil claims against the State place on public resources, particularly those arising from police misconduct”.

Cebekhulu had wanted to know the total number of civil claims made against the SAPS, specifically from wrongful arrests and killings by police officers, as well as the value of the claims and amount paid out.

In his reply, Mchunu said there were 15,067 claims received for wrongful arrest and detention, and 180 for shooting incidents.

He said the amount claimed for wrongful arrest and detention stood at R14.8 billion and R741m for shooting incidents.

Mchunu hastened to state that the number of new claims and the amount claimed were not the amounts paid by the State during the 2023/24 financial year.

 He stated that the State paid a total of R466m for wrongful arrest and detention.

This was made up of R445m for payments as a result of court orders and R20m in payments by settlements for wrongful arrest and detention.

The amount paid for shooting incidents was R62m, made up of R57m in court order payments and R4.6m settlements.

Last December, Independent Media quoted Mchunu as saying the SAPS was saddled with R56.7 billion in contingent liabilities arising from 46,621 unlawful arrests and detention claims instituted in the period from 2018 until October 2024.

“It is the contingent liability, which is a 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,” he said at the time.

National Police Commissioner Fannie Masemola previously confirmed to the Police Portfolio Committee that they have more civil claims.

“Our contingent liability is quite high when it comes to real claims but when we pay, the amounts are down,” said Masemola.

In her 2023/24 report, Auditor-General Tsakani Maluleke flagged civil claims against the SAPS, which was a defendant in several lawsuits.

“The 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.

Asked by Cebekhulu about measures implemented to reduce the number and severity of civil claims arising from police conduct, Mchunu said the SAPS has established national and provincial steering committees to manage the civil claims.

The focus was to change “attitudes and behaviours” of SAPS employees to prevent unlawful actions. “The national steering committee has developed and is implementing an internal communication plan, which regularly sensitises members on the root causes of civil claims and the actions that are required to prevent them from occurring.

“This committee also identifies, monitors, and engages the top 10 contributing police stations with regard to civil claims,” he said.

Mchunu also said there was conducting of training on legal prescripts and mandates as well as the distribution of circulars to members as part of the internal communication plan to provide guidance and standardisation on how to affect arrest and the interpretation of the 48-hour rule regarding detention.

mayibongwe.maqhina@inl.co.za