Police brutality is a criminal offence. Report it to IPID, the SAHRC, and consider a civil claim. Document injuries immediately. You have constitutional rights against torture and cruel treatment.
FreeSouth African Law3 related guides
If you are injured, seek medical attention first.
Get a doctor or clinic to document your injuries immediately — this is your key evidence. Then report to IPID.
Direct Answer
The Constitution prohibits torture, cruel, inhuman or degrading treatment. Police brutality — assault, torture, or excessive force — is a criminal offence and a constitutional violation. Report it to IPID (the Independent Police Investigative Directorate) on 0800 587 584, free and available 24 hours.
The law above is general — your case may be different
Describe exactly what happened and get a specific answer based on your facts. 2 free answers, no account needed.
“Everyone has the right to freedom and security of the person, which includes the right not to be tortured in any way; not to be treated or punished in a cruel, inhuman or degrading way.”
Independent Police Investigative Directorate Act 1 of 2011
Section 28
“IPID must investigate any death in police custody or as a result of police action; torture; rape by a police official; corrupt activities; and any other matter referred to IPID.”
Immediate Steps
What to Do Right Now
1Get medical attention immediately. Go to a hospital or clinic and ask for a J88 form — this is the official medical report for assault/injury. It is your primary evidence.
2Photograph all injuries as soon as possible, with a timestamp. Photograph multiple angles.
3Report to IPID: 0800 587 584 (free, 24 hours). You can also walk into any IPID office or submit an online complaint at ipid.gov.za.
4Open a criminal case at a different police station from the one involved. Ask to open a case of assault against the officers.
5Get the names and badge numbers of the officers involved if possible — from bystanders, body cam footage requests, or from the station's occurrence book.
6Consider a civil claim against the Minister of Police. Consult an attorney — the state can be held liable for damages caused by its officers.
What to Say
Exact Words to Use
“"I am opening a complaint with IPID for assault and violation of my rights under Sections 10 and 12 of the Constitution. I have medical documentation of my injuries. I also require the names and badge numbers of the officers involved."”
Tone: At the police station or to IPID
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
No — that is exactly why IPID exists. IPID is independent of SAPS and legally mandated to investigate serious police misconduct. Ordinary SAPS stations should not handle complaints about their own officers' brutality.
Can I sue the government for police brutality?
Yes. The Minister of Police is vicariously liable for unlawful acts of police officers acting in the course of their duties. Many successful civil claims have been won. You need an attorney who handles police civil claims — Legal Aid can assist qualifying persons.
Knowing the law is step one. The Advocate has scenarios on Criminal Procedure — practise the exact words to use, with audio, law references, and Scripture. Free to start.