Nearly 50 000 cases of unlawful arrest and detention are pending.
The South African Police Service (Saps) has paid out R2.8 billion in civil claims related to unlawful arrest, detention, and assault since April 2022, with a further R56.7 billion in potential claims still pending.
This information was disclosed by acting Police Minister Firoz Cachalia in a written parliamentary response.
In his reply, Cachalia revealed that 48 569 cases of unlawful arrest and detention were pending nationwide as of September 2025.
He said the projected financial liability linked to these cases amounted to R56.7 billion (R56 766 457 786.91).
“It should be noted that this is the contingent liability and does not represent the actual liability that the Saps may incur,” the minister added.
Billions paid by Saps for unlawful arrest and detention claims
Cachalia provided a breakdown of the amounts paid out by Saps for unlawful arrest and detention claims across multiple financial years.
During the 2022/2023 financial year, Saps recorded 4 550 incidents nationwide.
These claims resulted in payouts totalling approximately R541.75 million (R541 751 164.30).
The North West province recorded the highest number of cases at 1 289 incidents, while also incurring the largest cost of R263.1 million (R263 136 353.56).
In the 2023/2024 financial year, the number of incidents rose to 5 533, with total payouts amounting to approximately R491.31 million (R491 316 050.48).
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Gauteng reported the highest number of cases at 1 655, while the North West again recorded the highest financial outlay, paying R165.17 million (R165 172 628.55).
The upward trend continued in 2024/2025, when 6 686 incidents were recorded nationally.
These resulted in combined payments of approximately R620.33 million (R620 333 917.09).
Once more, the North West province led both in the number of cases (2 148 incidents) and total payouts, amounting to R206.65 million (R206 658 345.77).
For the current 2025/2026 financial year, Saps had already recorded 3 010 incidents as of September 2025, with payouts reaching approximately R301.68 million (R301 686 210.11).
The North West again topped the list, with 978 incidents and the highest provincial payout of R108.3 million (R108 311 127.53).
Assault by police claims drive costs higher
Significant amounts were also paid out for claims related to assault by police officers, further increasing Saps’ financial burden.
In 2022/2023, Saps paid R16.3 million (R16 307 597.84) for 82 assault-related incidents.
The Eastern Cape recorded the highest number of cases (24 incidents), and Mpumalanga paid out the highest amount at R4.7 million (R4 798 485.42).
During 2023/2024, payouts rose to R15.6 million (R15 631 538.98) for 125 incidents.
The Eastern Cape again recorded the highest number of incidents (39), while Gauteng accounted for the highest provincial payout of R6.7 million (R6 795 255.45).
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A sharp increase was recorded in 2024/2025, when 7 669 assault incidents resulted in payouts totalling R813.4 million (R813 491 761.56).
The North West recorded the highest number of cases (2 307 incidents) and paid out the largest amount, R222.4 million (R222 453 685.30).
Saps had paid R4.7 million (R4 707 487.75) for 56 assault incidents as of September 2025.
The Eastern Cape recorded the highest number of incidents (19) and also paid the highest amount, R1.1 million (R1 160 082.45).
Taken together, payouts for unlawful arrest, detention and assault claims amount to R2.8 billion (R2 805 225 728.11).
Wrongful prosecution
Addressing claims of wrongful prosecution, Cachalia clarified that the matter does not fall within Saps’ authority.
He indicated that prosecution-related issues should instead be directed to the National Prosecuting Authority (NPA).
The minister further explained that the R56 billion in projected liability does not reflect what Saps has already paid, but rather the total value of all claims submitted, going back to the earliest cases recorded in the loss control system.
“It must further be noted that these claims also include, but are not limited to, some of the payments made through the years emanating from the Marikana incidents in North West province,” Cachalia concluded.
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