Your rights do not disappear at arrest
Being arrested or detained without lawful grounds is a serious violation of your rights, and so is assault at the hands of the police. South African law allows civil claims for damages in these cases, but the time limits are short and strict, and the claims are technical.
VDW Attorneys assesses and pursues civil claims arising from unlawful arrest and detention, police assault and related conduct across the Vaal Triangle. We will give you an honest view of whether you have a claim worth pursuing before you spend anything beyond a consultation.
How we can help
- Unlawful arrest and detention. Damages claims where you were arrested or held without lawful grounds.
- Police assault. Claims arising from assault and brutality at the hands of police officers.
- Statutory notices. The formal notice to the State that must be given before suing, within strict time limits.
- Claims against the State. Litigation against the relevant organs of state, conducted properly from the start.
- Related civil claims. Related claims arising from the same conduct, assessed on their merits.
- Alongside criminal defence. Where criminal charges against you are still running, we handle both tracks.
What to expect
- Tell us exactly what happened. Dates, places, names if you have them, and any case numbers, medical records or photographs. Detail decides these cases.
- An honest merits assessment. Not every bad experience is an unlawful one in law. We tell you frankly whether the conduct was unlawful and whether a claim is worth pursuing.
- Notice, then action. If the claim has merit, we deliver the required statutory notice within the time limits and pursue the claim against the State, through settlement or trial.
Frequently asked questions
What counts as an unlawful arrest?
Broadly, an arrest made without a warrant and without lawful grounds, or an arrest where the legal requirements were not met. The detention that follows an unlawful arrest is also unlawful. Whether a specific arrest was unlawful depends on the facts, which is exactly what we assess at the first consultation.
How long do I have to claim against the police?
Very little time, compared to ordinary claims. A formal written notice must generally be delivered to the State within six months of the incident, and the claim itself must then be pursued within the prescribed period. If you think you have a claim, get advice immediately rather than waiting.
What compensation can be claimed?
Damages for the deprivation of your liberty, for injuries and medical expenses in assault cases, and depending on the facts, related losses. The amount depends on factors such as how long you were detained and the circumstances of the arrest. We will give you a realistic range, not an inflated promise.
What if the criminal case against me is still ongoing?
The two matters run on separate tracks. The criminal case must be defended properly first and foremost, and its outcome can affect the civil claim. We handle criminal defence as well, so both matters can be managed together and nothing said in one harms the other.
The information on this page is general in nature and is not legal advice. Every matter is different. Speak to an attorney about your specific circumstances.