Suing the Zimbabwe Republic Police (ZRP) for Unlawful Arrest and Detention

Did you know that you can sue the Zimbabwe Republic Police (ZRP) for unlawful arrest and detention? The deprivation of liberty ‘is an odious interference and has always been regarded as a serious injury.’

Where a police officer during the course and scope of his duties exceeds his or her authority or when someone’s freedom of movement is unlawfully restricted by a police officer, such officer together with the Zimbabwe Republic Police may be liable for the delict of unlawful arrest and detention.

For an arrest to be lawful a police officer must first establish reasonable grounds for an arrest. In terms of section 25 of the Criminal Procedure & Evidence Act [Chapter 9:01] reasonable grounds for arrest, are suspicion that (a) any person commits any offence in the presence of the police officer, (b) reasonable grounds of committing any of the offences in the First Schedule or the Ninth Schedule.

Where an arrest is made by a police officer and such arrest is not within the terms of section 25 of the Criminal Procedure & Evidence Act [Chapter 9:01] such an arrest is regarded as being illegal and unlawful in terms of which the person wrongfully and unlawfully arrested, and whose freedom of movement was unjustifiably restricted is entitled to institute a claim for damages against the police officer, and the Zimbabwe Republic Police.