October, 2025
SAPS Ordered to Pay R1.8 Million for Assault: Officers’ Conduct Under Scrutiny
Case: Ratshwene v Minister of Police (41295/2019) [2025] ZAGPJHC 998 (6 October 2025)
By Leretha Legal (Pty) Ltd
A seemingly innocuous comment, “some police are useless,” led to a violent assault on Mr Ramothopo Ratshwene by police officers, resulting in the South African Police Service (SAPS) being ordered to pay R1.8 million in damages.
The incident occurred in Meadowlands, Soweto, when Mr Ratshwene expressed frustration at police inaction during a car accident. Officers reacted with disproportionate violence, using a Taser and subjecting him to wdegrading treatment at the station. Video evidence later contradicted the officers’ claims that they had been assaulted by the civilian.
Verbal Criticism and Legal Protections
South Africans are known for being vocal, opinionated, and unafraid to express dissatisfaction, even with authority figures. Legally, Mr Ratshwene’s comment was an expression of opinion, not a criminal threat or act of abuse.
Section 16 of the Constitution of the Republic of South Africa protects citizens’ right to voice dissent, including criticism of government officials, provided it does not incite violence or hatred. SAPS officers are mandated to uphold their constitutional duty and exercise restraint, even when faced with verbal criticism. Resorting to violence in such situations constitutes a serious breach of law, ethics, and professional standards.
Officers’ Conduct Under Scrutiny
The officers’ reaction reflects unchecked aggression, a personal affront mentality, or an “I’m untouchable” attitude rather than legitimate law enforcement. Assaulting a citizen for voicing an opinion demonstrates a catastrophic failure of judgment, self-control, and professionalism.
This raises urgent questions about SAPS’ mental-health screening, supervision, and accountability systems.
Accountability Cannot Be Optional
South Africans deserve a police service that exercises restraint and respects constitutional rights. Officers who allow personal offence to dictate their actions violate the oath they swore to serve and protect the public.
It is a reminder that leadership, at every level, must ensure that officers meet this higher standard. When the people are watching and the cameras are rolling, professionalism isn’t optional; it’s the law.
Conclusion: Lessons from Ratshwene
Ratshwene v Minister of Police sends a clear message: police authority carries responsibility.
In a society where citizens are vocal and demand fairness, officers who respond to verbal criticism with violence demonstrate that they are unfit to serve. The ruling underscores the urgent need for reform; robust oversight, mental-health support, and strict enforcement of professional standards to ensure SAPS fulfils its duties ethically, responsibly, and without abuse of power.
Taxpayer Liability, Accountability, and the Need for Deterrence
The judgment carries direct financial consequences for taxpayers, who must now pay R1.8 million in damages. Beyond the cost, it remains unclear whether the officers involved have been suspended, dismissed, or face criminal charges. This is a critical issue that SAPS leadership and oversight bodies must urgently address.
There must be a tangible deterrent. Misconduct cannot simply harm the public or drain the state fiscus; the officers responsible must face real consequences for their actions. Disciplinary measures, including suspension, dismissal, or criminal prosecution where warranted, are essential to reinforce that abuse of power carries genuine repercussions.
At the same time, the rehabilitation, mental health, and sense of purpose of SAPS officials cannot be neglected. Officers must be supported in managing stress, controlling impulses, and upholding the constitutional duties they swore to protect. Professionalism and ethical conduct must be cultivated alongside personal well-being, so that the very hands mandated to protect the public do not become instruments of harm.
Across the nation, there is an aching, resounding cry. With alleged cartels, prison breaks, sexual assaults, and widespread insecurity, South Africans from every corner of the country are calling upon SAPS to safeguard, serve, and restore integrity, respect, and confidence in the police service. The plea is both urgent and plaintive: protect the communities you are sworn to serve; uphold the law with fairness; and let your actions rebuild the trust so deeply shaken.
Only through accountability, purpose-driven service, and genuine collaboration between police and citizens can South Africa hope to foster safe, just, and resilient communities.
Nothing changes if nothing changes.
Newsletter Disclaimer: The views, opinions, and legal interpretations expressed herein are subject to change, as they may be influenced by new developments, amendments to the law, or judicial interpretations. While every effort is made to ensure the accuracy and relevance of the content at the time of publication, readers are advised to seek personalised legal counsel to address their specific circumstances.