Unlawful Arrest & Detention

What is Unlawful Arrest & Detention?

Unlawful arrest and detention breach your constitutional rights under Section 12 (freedom and security) of the Bill of Rights.
Legal bases: actio iniuriarum (dignity/injurious conduct) and actio legis aquiliae (patrimonial loss).

Recent South African Judgments

Van Ross v Minister of Police (2025): Compensation for sub-standard cell conditions.
Mahikeng HC (2025): R120 000 awarded for three-day detention.
S.T.T and Others v Minister of Police (2024): R150 000–R350 000 per appellant.
Wigg v Minister of Police (2022): R540 000 for egregious circumstances.
Makhetha v Minister of Police (2014): Landmark case setting precedent for unlawful detention claims.

Compensation considers: duration of detention, police conduct, emotional trauma, public humiliation, reputational damage.
Quantum is case-by-case—purpose is solatium, not enrichment (Bosielo JA in Tyulu).

What Mavuya Inc Offers

Urgent bail applications and court representation.
Claims for compensation for unlawful arrest/detention.
Preparation of legal demand letters, section 3 notices (Legal Proceedings against Organs of State Act), and interest under Prescribed Rate of Interest Act.
Litigation and negotiation based on your personal and emotional harm.

Call to Action:

“If your rights were violated by SAPS or another authority, call Mavuya Inc for an urgent review. You may be entitled to substantial compensation and justice.”

Our Location

Conveniently located near all major Bloemfontein courts.

Address

Suite 66, First Floor,
Arcade Walk Through,
Corner of West Burger Street & Elizabeth Eybers Street,
Bloemfontein Central, 9301

Email

info@mavuyainc.co.za

Contact

051 430 0113
061 589 8975
Fax: +27 86 608 6300