The Independent Policing Union of South Africa (Ipusa) has raised concerns about the massive litigation costs faced by the SAPS – R11 billion and counting – due to unlawful arrests and detentions.
Police Minister Senzo Mchunu has reported that serious crime, including murders, decreased by 0.9% in the first quarter of the 2024/25 financial period, but murders remained a problem in coastal provinces.
Ipusa president Bethuel Nkuna said the lawsuits, filed by members of the public, “highlight a significant issue of misconduct within SAPS that is costing taxpayers and tarnishing the reputation of law enforcement”.
The union acknowledges that many of these litigations are the result of ill-discipline, stemming from a lack of effective leadership and oversight within SAPS. It questioned how unlawful arrests and detentions were taking place under the watch of section commanders; why client service commanders or other supervisory personnel have not intervened and they have suggested that such misconduct can persist without the involvement or negligence of higher-level commanders.
Nkuna called on Mchunu to broaden his discussions with police to address the issue of litigations arising from unfair disciplinary processes.
“Over the past five years, SAPS has been the government department with the highest number of unfair dismissal cases referred to the CCMA. Many of these cases have resulted in orders for SAPS to reinstate wrongfully dismissed employees or provide compensation, adding further financial strain beyond the already alarming litigation bill. These additional costs must also be scrutinised,” Nkuna said.
He said many of the SAPS legal advisers are not registered with the Legal Practice Council and this“lack of professional accountability is not just a risk, it's a threat to the integrity of the legal system”.
“When legal briefs go wrong, there is currently no recourse for holding these individuals accountable to the standards of the Legal Practice Council.
“Instead, disciplinary matters are managed internally, often used punitively rather than as a tool to address misconduct effectively.”
The union said it was insufficient for Masemola to point to high arrest numbers as a defence for the rising litigation costs.
“Arrests alone do not equate to success—successful prosecutions do. Ipusa disagrees with the explanation that the litigation figures will be reduced once the Legal Division completes its investigations.
“Ipusa urges the minister to take decisive action to prevent these costly legal battles and restore integrity and discipline within SAPS, ensuring that both leadership and officers are held accountable for their actions.”
The Mercury