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R620 million lost to unlawful arrests as SAPS faces R56.7 billion risk
More than half a billion rand. That is how much the South African Police Service paid out in just one financial year for unlawful arrests.
In 2024 and 2025 alone, R620 million left the public purse because people were arrested or detained without lawful cause. And that figure does not even begin to capture the bigger financial storm building behind the scenes.
A budget under pressure
For the 2025 and 2026 financial year, SAPS is working with a budget of R133 billion. Acting Minister of Police Firoz Cachalia has revealed that contingent liabilities linked to unlawful arrests represent a staggering 42 percent of that budget.
In real terms, that translates to potential exposure of R56.7 billion. These are not confirmed payments yet. They are claims sitting in the system, waiting for court outcomes or settlements. Nearly 49,000 of them.
Some stretch back years, including historic matters such as claims linked to the Marikana massacre. Each one represents a person who believes their constitutional rights were violated.
Section 12 of the Constitution guarantees freedom and security, including protection from arbitrary arrest and detention. When that protection fails, the financial consequences are enormous.
The trend nobody can ignore
The numbers tell a worrying story.
Unlawful arrest incidents have climbed steadily over three years. In 2022 and 2023 there were 4,547 recorded incidents. That rose to 5,527 in 2023 and 2024. By 2024 and 2025, the number had jumped again to 6,679.
As incidents increased, so did the payouts. SAPS paid R542 million in 2022 and 2023. The following year saw R491 million paid out. Then came the sharp rise to R620 million in 2024 and 2025.
This is happening while the country continues to grapple with high crime levels. In the fourth quarter of 2024 and 2025, police recorded 161,672 contact crimes nationwide. These include murder, attempted murder, sexual offences and assault.
Gauteng accounted for 26 percent of reported crimes. The Western Cape followed with 22 percent and KwaZulu-Natal with 16 percent. Even though overall crime dipped slightly by 2.91 percent compared to the same period the previous year, the concentration of violent crime remains heavily regional.
Interestingly, those same provinces often dominate civil claim statistics.
Provinces under the spotlight
In 2024 and 2025, the North West recorded the highest number of unlawful arrest claims at 2,148. It also received the highest payout, R207 million.
Gauteng followed with 1,577 claims. KwaZulu-Natal received the second-highest payout at R126 million, while Gauteng received R96 million.
On average, provinces saw 742 claims each during the period, with an average payout of R69 million.
Earlier in 2025, former police minister Senzo Mchunu reported that civil claims exceeding R14 billion were already facing the police service for unlawful arrests and detentions, alongside R741 million in claims related to shooting incidents.
Oversight and accountability questions
When someone believes they were unlawfully arrested, they can bring a legal claim against SAPS. If the person alleges assault during the arrest or detention, the Independent Police Investigative Directorate becomes involved.
Ipid has clarified that reports of torture or assault are usually made to the police first, who are then required to refer the matter to the directorate. Ipid investigates allegations of assault but does not monitor unlawful arrest cases directly. Individuals who believe they were arrested without probable cause are advised that they may litigate against the police if they choose to do so.
This system places significant responsibility on internal reporting processes, which critics say can create gaps in oversight.
Image 1: GroundUp
The human and financial cost
Behind every figure is a person who spent time in custody. Behind every payout is taxpayer money that could have been used elsewhere in a country facing service delivery challenges, rising living costs, and infrastructure strain.
On social media, frustration has been mounting. Many South Africans question how billions can be tied up in claims while communities still struggle with visible policing and crime prevention.
The rising cost of unlawful arrests does not only raise legal concerns. It signals deeper systemic issues within policing practices, training, and accountability.
As nearly R57 billion in contingent liabilities loom over the police budget, the conversation is no longer just about rights violations. It is about financial sustainability, public trust, and whether meaningful reform can stem both the human and fiscal damage.
For now, one fact remains clear. R620 million has already been paid. And thousands of claims are still waiting in line.
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Source: Business Tech
Featured Image: Thomas Greenberg
