Delict
In South Africa, any person can claim damages for a civil wrongful and blameworthy conduct that caused him or her harm, where the wrongdoer can be held liable for the harm caused. We provide legal services to those who suffered harm in the form of unlawful arrests, unlawful detention, malicious prosecution, and defamation. We assist our clients to either sue the perpetrators directly or their employers if the wrongful conduct occurred when perpetrators were on duty. Abuse of power is a pandemic that is yet to be given the attention that it deserves in South Africa.
- Regarding Unlawful Arrests and Detentions as well as police brutality: Unfortunately, at times, power is abused by those entrusted with protecting the society such as police officials. It is possible to be subjected to an unlawful arrest which may also lead to an unlawful detention at a police holding cell. We assist any person who was unlawfully arrested and detained by police officials to sue the relevant minister for damages. We also assist clients who were beaten and tortured by police officials at the time of arrest or questioning to sue the relevant minister for compensation.
- Regarding Defamation: Given the evolution of social media where statements can be published instantly to a broad audience, the dignity and reputation of individuals and companies alike can easily be violated. We represent natural persons and corporations who wish to sue those they believe defamed them. When assessing the prospects of success, we examine what has been published about our clients to evaluate whether it meets the well-known common-law requirements for defamation. We assess whether the statement can be regarded as insulting with the potential to negatively affect the way our client is regarded by others. When evaluating whether our client can successfully sue for defamation, we also test the statement complained of against various defences that potentially can be raised by the person who made the statement that our client deems defamatory.
