If you have been in a situation where a police officer acted in an unfair and unconstitutional matter, a civil claim can be laid against the police to get justice and claim compensation for damages.
The Constitution claims that an unlawful arrest infringes on many of a citizen’s rights. It is a gross violation of Section 10 of the Constitution which recognises everyone’s inherent dignity and protects the right to have this dignity respected and protected by all. The right to freedom and security of every person is acknowledged by Section 12 of the Constitution and protects the right not to be deprived of freedom or without just cause and detained without a trial. A police officer may only arrest a person without a warrant in exceptional circumstances.
If you have been wrongfully arrested, it is well within your rights issue summons for damages as a result therof. There are certain rules to follow and our legal team at Burger Huyser Attorneys will assist you through this traumatic situation. Get in contact with our offices in Johannesburg to discuss your rights.