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Police Minister Senzo Mchunu revealed in a written parliamentary response this past week that SAPS is facing a massive R65.3 billion in possible legal claims stemming from cases of recklessness, negligence, and misconduct.

Mchunu said the ‘contingent liabilities’ (a liability the entity may have to pay, depending on the outcome of a future event, such as a court case) against SAPS equates to just under R1.5 million per claim.

Although there has been a seemingly noticeable increase in positive SAPS activity since Mchunu took over – particularly the fight against syndicates and kidnapping recoveries), it appears the new minister has a mammoth task fixing the mess his incompetent predecessor, Bheki Cele, left behind.

“The total number of delictual claims pending against the SAPS until the end of June 2024 is 43,954 in respect of alleged recklessness, negligence and misconduct cases,” said Mchunu.

This figure is over R273 million higher than the R65.08 billion recorded for the financial year ending March 2023, and much higher than the R20.6 billion attached in 2012, and R16.6 billion in 2011.

SAPS were, however, quick to point out that this amount does not necessarily reflect the actual pay-out amounts claimants might receive.

“Depending on the nature of a claim, the average amount of compensation granted is only a small fraction of the amount claimed,” it added.

The pending legal claims against SAPS are unfortunately not the only challenges the popo are facing at the moment according to their 2024/25 Annual Performance Plan. Despite additional funding allocated to the police, it seems that they are still struggling to combat South Africa’s surging crime rates effectively, and with an ever-increasing population, SAPS are finding it harder to attract new members to keep track of the growing number of citizens and criminals.

The report also points to other ‘pressing internal challenges’ facing the cops, such as:

• Low morale of members
• Increased workloads
• SAPS members involved in crime
• Ageing, inadequate infrastructure
• Insufficient resources
• Need for modernisation
• and “reduced budget allocations”

Police brutality, ineffectiveness and corruption remain the biggest obstacle to fighting crime, with researchers Dr John Motsamai Modise from the SAPS and Dr Philly Masogo saying that “recklessness, negligence and misconduct cases run rampant because the South African Police Service faces a critical challenge due to a lack of widespread accountability leadership.”

“Promoting a transparency culture and demonstrating a commitment to ethical conduct can help rebuild public trust in the SAPS, which has been eroded by allegations of brutality and corruption.”

Organisations like Safer Spaces also waded in, claiming that a rising but endemic issue in South Africa is that of police brutality.

“South Africa did not only inherit the culture of police brutality as the legacy of the past but has inherited the acceptance of such criminal behaviour by failure to hold the police accountable for their criminal acts of police brutality.”

To prevent ‘recklessness, negligence and misconduct cases’, Safer Spaces suggested that police improve training and move to make evidence obtained through torture or excessive force inadmissible in court.

We might also suggest holding SAPS leadership personally responsible for the officers under their command, all the way to the head of the rotten fish.

Our new sheriff – judging by the high-profile arrests lately – seems to be an improvement on the zero at the helm of SAPS the last few years, so while the report paints a bleak picture, we can perhaps be cautiously optimistic. It can’t get any worse, can it?

R65.3 billion could be better spent on resources for the thinning blue line that stands between us and criminals if SAPS leadership decides to pull the finger that is.

[source:businesstech]