SUING THE STATE FOR UNLAWFUL ARREST
It has been a while since our last newsletter, you would have realized that our website was undergoing revamp for sometime now.
I will like to thank you more on particular as our clients for your patience and unequaled support to the brand.
You remain our priority and we will pull at all the stops to ensure that you receive the quality and best legal advice on offer.
This month I will like us to look at the rights of an arrested person and what to do if you suspect that you have been unlawfully arrested or detained.
I thought this topic will resonate well with the month of March being the human rights month in South Africa.
The Criminal Procedure Act and the Constitution of the Republic guarantee the rights of a persons who may find themselves arrested.
You are supposed to be told as to why you are arrested and most importantly that you must be brought before a court of law within 48 hrs of being arrested.
Thirdly the police must produce a warrant for your arrest,there are however instances wherein the police need not produce a warrant for your arrest.
Now the important question is what you must do in the event you are arrested without a valid warrant or you are illegally detained.
The arrested person can sue the Minister of police for any unlawful arrest and detention.
It is advisable that you should consult us immediately you are released from custody for us to determine whether you have a case against the minister as a result of such an arrest.
According to the Institution of Civil Action Against Certain Organs of State Act,you have six months to send a statutory letter of demand to the Minister after the debt arose,meaning from the date of your arrest.
You also have three years from the date of arrest to issue summons against the Minister, this is in accordance with the Prescription Act.
It is important to note that you don’t have to wait for the finalization of the case as criminal cases can last up to five years before they are concluded.
We have a contingency fee option at our firm for cases of this nature.
We will asses your case and if we see chances of success,we will proceed to represent you without any payment.
The contingency fee agreement provides that we charge you 25% of the successful capital claim upon finalizing the case.
This means that you don’t have to worry about paying the legal fees upon instruction and during the running of the case.
There will be no fees payable by you in the event the claim is unsuccessful also.
It is therefore wise to check with us in case you have a claim against the police.
Now if you have been arrested into past three years,don’t hesitate,visit us , our dedicated team is waiting for you..
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