Story audio is generated using AI
Eastern Cape police have cost taxpayers more than R154m in successful civil claims over the past four years, with nearly 6,000 more lawsuits still pending, according to a report tabled in the Bhisho legislature.
The claims, ranging from unlawful arrest and detention to assault, shootings and illegal search and seizure, resulted in payouts totalling around R154m from 1,156 successful cases between the 2022/2023 financial year and the start of the current financial year in April.
The report, submitted by community safety MEC Xolile Nqatha in response to parliamentary questions from the DA, also reveals that a further 5,995 civil claims against the Eastern Cape police are pending, potentially exposing the state to hundreds of millions of rand in additional liability.
For first-time car buyer Andile Sam (not his real name), of Zwelitsha, near Qonce, the statistics became a personal ordeal.
Days after buying a second-hand vehicle from a dealership in KuGompo City in May 2023, Sam was stopped by police while driving with his six-year-old son and girlfriend.
Despite producing proof that he had legally purchased the vehicle, officers arrested him after alleging it was stolen.
Sam told the Dispatch he protested his innocence but was allegedly pepper-sprayed, slapped several times, handcuffed and detained over the weekend before appearing in court.
The charges were later withdrawn and his vehicle returned.
After a neighbour encouraged him to institute a civil claim for wrongful arrest and detention, Sam was awarded more than R600,000 in damages two years later.
His case is one of almost 700 successful claims relating to unlawful arrest and detention — by far the largest category of civil claims paid by the state since 2022.
The report shows 77 successful claims related to illegal search and seizure, 47 to assault and 26 to police shootings.
The government paid R17.9m for 197 claims during the 2022/2023 financial year.
That figure rose sharply to R60.3m for 460 claims in 2023/2024, before falling to R24m for 245 claims in 2024/2025.
During the 2025/2026 financial year, R49m was paid for a further 246 claims.
Since the current financial year began in April, a further R1.9m has already been paid to settle eight claims.
The report, signed by Eastern Cape police commissioner Lieutenant-General Vuyisile Ncata, also notes that police have faced civil claims arising from vehicle collisions.
Despite the mounting financial burden, Nqatha said there were “no records of employees who had been suspended for the conduct, and/or their involvement in civil claims”.
“However, the recovery processes are initiated to recover the loss to the state,” he said.
Eastern Cape police spokesperson Brigadier Nobuntu Gantana acknowledged concerns over the growing civil claims bill.
She said money spent settling claims could otherwise have been used to improve policing capacity.
“Claims received are analysed to determine root causes, identify trends and most contributing stations.
“Litigation reports are provided to management with a view to implement recovery plans, while workshops are held at contributing stations as part of proactive measures.
“In instances where members are found to have exceeded their powers, state protection in terms of the Treasury regulations [is] forfeited and recovery steps are initiated,” Gantana said.
She said many of the nearly 6,000 pending claims had no merit or indication that police would ultimately be held liable, while some claims were inflated.
Gantana said a contingency liability committee had been established to monitor the Eastern Cape police’s contingent liabilities and identify trends contributing to civil claims.
Disciplinary action was also instituted where misconduct was identified.
A defence advocate and acting magistrate, who asked not to be named, said the state’s legal strategy also contributed to costly payouts.
“Many of these claims are as a result of default judgments, as a result of these state attorneys not attending court trials, in some instances, or coming unprepared to defend matters.
“Some of them are not doing due diligence in how they conduct their duties, and their litigation skills are costing the state dearly.
“These attorneys will sometimes, while they are supposed to settle a claim, and pay a certain determined figure, opt to go for trial, and when they lose, courts sometimes increase such settlements,” he said.
DA MPL Leander Kruger said the figures reflected serious failures in the police service.
“This is public money being spent on claims against the very institution that is supposed to uphold the law, protect residents and build public trust.
“What is even more alarming is the nature of these claims.
“The largest category is unlawful arrest and detention, with hundreds of paid claims over this period.
“This points to serious failures in training, supervision, operational discipline and consequence management within the SAPS,” Kruger said.
He said it was unacceptable that millions of rand continued to be paid in civil claims while thousands more remained pending and there were no records of officers being suspended because of their conduct.
“Where members act unlawfully, there must be consequences.
“Where the state suffers financial loss because of misconduct, recovery processes must be pursued,” Kruger said.
EFF MPL and Eastern Cape secretary Simthembile Madikizela said the party was “outraged, but not surprised” by such a huge claims bill.
He said unless there was urgent intervention “even more public funds will be lost to this growing crisis”.
“This is state-sponsored lawlessness,” Madikizela said.
“When police officers become perpetrators of criminal conduct instead of protectors of the law, communities inevitably lose confidence in the entire criminal justice system.
“Taxpayers are being punished twice.
“They first suffer from crime and insecurity and are then forced to pay for police brutality and misconduct through costly civil claims.
“The more than R150m squandered on these settlements could have been invested in building clinics, schools, police stations and other essential public infrastructure.
“The state cannot continue to shield individual wrongdoing by shifting the financial burden onto taxpayers.”
Madikizela said the province “deserves a professional, accountable and disciplined police service that protects communities, instead of violating their rights and draining scarce public resources”.
Daily Dispatch
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.