How we approach the matter
Advice grounded in the facts, documents and remedy required.
Whether an arrest or subsequent detention was lawful cannot be decided from the fact of arrest alone. The enquiry may include the reason given, the information available to the arresting officer, whether a discretion was properly exercised, what occurred at the police station and when the person was brought before a court.
Mhlaba & Associates considers the complete chronology together with the police and criminal-court records. We advise on the potential defendants, evidence, procedural notices, prescription and supported damages. Where a mandate is accepted, the firm can progress the claim from investigation through trial and enforcement.
How Mhlaba & Associates can assist
- Assessing the lawfulness of the arrest and each period of detention
- Identifying the responsible authorities
- Preparing statutory notices and, where available, condonation applications
- Instituting and conducting civil damages proceedings
- Presenting evidence of loss of liberty, dignity and related harm