The liabilities, which represent contingent exposure rather than actual expenditure, include historic claims, such as those from the Marikana massacre, reflecting the total value of claims awaiting judicial or settlement outcomes.<\/p>\n\n\n\n
Section 12 of the Constitution guarantees the right to freedom and security, including protection from arbitrary arrest and detention. The high amount of claims highlights significant systemic violations of rights and represents a major fiscal risk for the SAPS.<\/p>\n\n\n\n
A claim arises when a person brings legal action against the SAPS for detaining or arresting them without lawful cause.<\/p>\n\n\n\n
The Independent Police Investigative Directorate (Ipid) stated that reports of torture or assault allegedly committed by police officers are typically made to the police, who are then required to refer these cases to Ipid. <\/p>\n\n\n\n
The directorate itself does not actively monitor these cases, since the responsibility to report them lies with the police.<\/p>\n\n\n\n
\u201cIn cases where a person is arrested without probable cause, has spent time in custody and alleges assault, Ipid will investigate allegations of assault, and that person will be advised to litigate against the police for unlawful arrest if he so wishes,\u201d the directorate said.<\/p>\n\n\n\n
The cost of wrongful arrests<\/h2>\n\n\n\n![\"\"](\"https:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2026\/02\/saps-unlawful-arrests-1024x576.png\")
<\/a>Source: GroundUp<\/figcaption><\/figure>\n\n\n\nOver the last three years, the number of unlawful arrests has increased from 4,547 incidents in 2022\/2023 to 5,527 in 2023\/2024 and 6,679 in 2024\/2025.<\/p>\n\n\n\n
As the number of unlawful arrests has increased, so has the amount of money paid out by the SAPS.<\/p>\n\n\n\n
In 2022\/2023, SAPS paid out R542 million for unlawful arrests. In 2023\/2024, SAPS paid out R491 million, and for 2024\/2025, the payouts rose to R620 million.<\/p>\n\n\n\n
This trend of rising unlawful arrests and payouts occurs against a backdrop of persistent crime rates in the country.<\/p>\n\n\n\n
In the fourth quarter of 2024\/25, the police recorded 161,672 contact crimes nationwide, including murder, attempted murder, sexual offences, and assault. <\/p>\n\n\n\n
Gauteng accounted for 26% of all reported crimes, followed by Western Cape with 22%, and KwaZulu-Natal with 16%. <\/p>\n\n\n\n
Although overall crime decreased by 2.91% compared to the same period last year, the concentration of violent crime in these provinces reflects the regional distribution of civil claims. <\/p>\n\n\n\n
Gauteng, KwaZulu-Natal, and North West consistently show the highest payouts for unlawful arrest and detention. <\/p>\n\n\n\n
Earlier in 2025, then police minister Senzo Mchunu reported that police faced civil claims exceeding R14 billion for unlawful arrests and detentions, along with R741 million in claims related to shooting incidents.<\/p>\n\n\n\n
In 2024\/2025, the North West lodged the highest amount of unlawful arrest claims and subsequently received the highest payout from SAPS, with both amounts well above the provincial average.<\/p>\n\n\n\n
SAPS received 2,148 claims for unlawful arrest from the North West province in 2024\/2025 and paid out R207 million to the province. <\/p>\n\n\n\n
Gauteng follows, with the second-highest number of unlawful arrest claims lodged in 2024\/2025, at 1,577. <\/p>\n\n\n\n
The second-highest payout by SAPS for 2024\/2025 was R126 million to KwaZulu-Natal, followed by the third-highest payout of R96 million to Gauteng.<\/p>\n\n\n\n
The average number of claims per province for the 2024\/2025 period is 742, while the average amount paid out per province (by SAPS) is R69 million.<\/p>\n","protected":false},"excerpt":{"rendered":"
According to Acting Minister of Police Firoz Cachalia, unlawful arrests have cost the South African Police Service (SAPS) over R620 million in the 2024\/2025 year.<\/p>\n","protected":false},"author":127,"featured_media":851856,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[5784,24829],"class_list":["post-851827","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-government","tag-south-african-police-service-saps","tag-unlawful-arrest"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/851827","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/127"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=851827"}],"version-history":[{"count":3,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/851827\/revisions"}],"predecessor-version":[{"id":851879,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/851827\/revisions\/851879"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/851856"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=851827"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=851827"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=851827"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![\"\"](\"https:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2026\/02\/saps-unlawful-arrests.png\")
<\/a>Over the last three years, the number of unlawful arrests has increased from 4,547 incidents in 2022\/2023 to 5,527 in 2023\/2024 and 6,679 in 2024\/2025.<\/p>\n\n\n\n
As the number of unlawful arrests has increased, so has the amount of money paid out by the SAPS.<\/p>\n\n\n\n
In 2022\/2023, SAPS paid out R542 million for unlawful arrests. In 2023\/2024, SAPS paid out R491 million, and for 2024\/2025, the payouts rose to R620 million.<\/p>\n\n\n\n
This trend of rising unlawful arrests and payouts occurs against a backdrop of persistent crime rates in the country.<\/p>\n\n\n\n
In the fourth quarter of 2024\/25, the police recorded 161,672 contact crimes nationwide, including murder, attempted murder, sexual offences, and assault. <\/p>\n\n\n\n
Gauteng accounted for 26% of all reported crimes, followed by Western Cape with 22%, and KwaZulu-Natal with 16%. <\/p>\n\n\n\n
Although overall crime decreased by 2.91% compared to the same period last year, the concentration of violent crime in these provinces reflects the regional distribution of civil claims. <\/p>\n\n\n\n
Gauteng, KwaZulu-Natal, and North West consistently show the highest payouts for unlawful arrest and detention. <\/p>\n\n\n\n
Earlier in 2025, then police minister Senzo Mchunu reported that police faced civil claims exceeding R14 billion for unlawful arrests and detentions, along with R741 million in claims related to shooting incidents.<\/p>\n\n\n\n
In 2024\/2025, the North West lodged the highest amount of unlawful arrest claims and subsequently received the highest payout from SAPS, with both amounts well above the provincial average.<\/p>\n\n\n\n
SAPS received 2,148 claims for unlawful arrest from the North West province in 2024\/2025 and paid out R207 million to the province. <\/p>\n\n\n\n
Gauteng follows, with the second-highest number of unlawful arrest claims lodged in 2024\/2025, at 1,577. <\/p>\n\n\n\n
The second-highest payout by SAPS for 2024\/2025 was R126 million to KwaZulu-Natal, followed by the third-highest payout of R96 million to Gauteng.<\/p>\n\n\n\n
The average number of claims per province for the 2024\/2025 period is 742, while the average amount paid out per province (by SAPS) is R69 million.<\/p>\n","protected":false},"excerpt":{"rendered":"
According to Acting Minister of Police Firoz Cachalia, unlawful arrests have cost the South African Police Service (SAPS) over R620 million in the 2024\/2025 year.<\/p>\n","protected":false},"author":127,"featured_media":851856,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[5784,24829],"class_list":["post-851827","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-government","tag-south-african-police-service-saps","tag-unlawful-arrest"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/851827","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/127"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=851827"}],"version-history":[{"count":3,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/851827\/revisions"}],"predecessor-version":[{"id":851879,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/851827\/revisions\/851879"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/851856"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=851827"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=851827"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=851827"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}