Wrongfully arrested by SAPS
Good day
I was arrested by the Eersterust police services on the 31st October on the charges of house breaking and theft. The person in the area who made the case against me went and opened a case against me said he saw me break into his house, I was selling my laptop on facebook and he saw my ad and thought it was his, on this conclusion he told the police and ppl in my community he saw me breaking into his house, on the 31st 5 am police came and vandalised my home and privacy, they did not tell me what I had done or show me a warrent of arrest, they locked me up and me three children had to fend for themselves not knowing what to do. I spent the day and night locked up and the next day I was taken to court where I did not even appear in court, I was taken from the holding cell and was told the case is finished I must go home. I want to find out if I have a case against the SAPS and the person who had me arrested, I lost two clients while I was imprisoned and that would have been two one year contracts of R3500 a month and one client who came I lost R850. And now my community see me as a house breaker.
Any advice would be appreciated
Category: Criminal Law, Arrest
Region: South Africa, Gauteng
1 Answer
You were wrongfully arrested and detained. You definitely have a strong case against the state whereby you can institute damage action. You will have to bring all your claim, including that of loss of income, under one action…against the state. Quickly speak to your lawyer.
Amended by author 2nd November 2017, 08:55
South Africa Constitution protects the right to dignity which encompasses rights to reputation and good name. You can as well bring reputational damage action against the individual. Speak to your lawyer about it too.