11. What is the prescription period in respect of police claims?
Time periods to institute claims against the Minister of Police are regulated by the Prescription Act, which means that claims have to be instituted within three years of the cause of action, unless there is an exception, e.g. the claimant being a minor.
22. What is a notice of intention to institute legal proceedings and when must it be served?
A claimant who wishes to proceed with a claim against an organ of state (e. g. the Minister of Police) must give notice within 6 months from the date of the claim arising, setting out the facts and any particulars of the incident which is within the knowledge of the claimant.
33. If I have failed to serve a notice of intention to institute legal proceedings within the required 6 months period, am I excluded from continuing with my matter?
An application for condonation could be brought to court should the matter not have prescribed, good cause exists for the failure by the claimant to comply with the notice requirements and if the organ of state was not unreasonably prejudiced by the failure of the notice requirements.
44. What damages are claimable?
1. General damages for any impairment (i. e. pain and suffering);
2. Loss of earnings;
3. Past and future medical expenses;
4. Loss of support for the dependants.
5. Constitutional damages;
7. Unlawful detainment;
8. Unlawful arrest;
9. Bodily harm.