Police brutality: You can sue the state but process will be long, says lawyer

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Johannesburg - Although millions of rand in payouts await civilians who are killed or injured by brutal police officers, it could take up to four years for victims to receive their claims. This was the view of legal and crime experts as at least three deaths have been recorded in the 12 days since the commencement of the 21-day national lockdown to curb the spread of the deadly coronavirus. The deaths were allegedly caused by aggressive police officers who, along with members of the SANDF, have been accused of being heavy handed in mostly township areas to enforce the lockdown. The lockdown, as well as the SANDF deployment, was announced by President Cyril Ramaphosa in efforts to combat the spread of the coronavirus, which has claimed at least 11 lives and resulted in almost 1700 infections countrywide. Mthokozisi Maphumulo, an attorney at Adams and Adams, said victims of alleged police brutality had legal recourse to sue the state, but the action would be a lengthy one.

“The victims can sue. The amount will always be determined on a case-by-case basis.

“It will depend on the person’s employment, the extent and the nature of the injuries and so on.

“If a death occurs from police brutality, the dependants can claim for loss of support; they will just have to prove that the deceased had a duty to provide and maintain his family, and that the deceased did, in fact, support them,” Maphumulo said.

He added that the investigation process by its very nature was also an extremely lengthy process.

It needed attorneys to investigate and determine the merits of the case in order to determine a reasonable and adequate compensation.

“We are looking at roughly three to four years.

“It is quite lengthy. This is just the unfortunate nature of these types of litigation.” Over the past 12 days, three people have met a violent end to their lives, allegedly at the hands of trigger-happy officers enforcing the lockdown.

The deaths included Sibusiso Amos from Vosloorus, Ekurhuleni, who was killed last week Sunday in his yard and in front of his mother, as well as Zimbabwean Bernard Bandukandu, who died last week Tuesday after being shot the previous Saturday in Diepsloot, north of Joburg, while carrying groceries for his children.

Gareth Newham, head of justice and crime prevention at the Institute of Security Studies, revealed in a Cape Talk interview in May last year that civil claims against the police amounted to R1.5billion.

Most of the 15000 claims, Newham added, were for wrongful arrests.

A research brief from Durban-based firm Campbell Attorneys showed that there is a time period for claims to be lodged after an alleged police violation.

“All damage claims have to be made within a predetermined period after the injuries are sustained.

“Where action is contemplated against an organ of state (such as the police) it is also necessary to give notice of the intended action within six months of the date on which the cause of action arose.”

The Star