SCORPION ADVISES ETHEL

THE FACTS

ETHEL Molaletsa from Braamfischerville, Soweto, was accused of using fake money at a Shoprite in 2004.

Police were called to the scene and she was questioned, but there wasn’t enough evidence to make an arrest.

They didn’t apologise to her afterwards. She spoke to a friend who worked at a law firm to ask if she could claim for damages.

The friend agreed to help her and Ethel submitted a letter to the law firm which agreed to help sue for damages.

But her friend has disappeared and she doesn’t know whether or not she has a case, or what the outcome was.

WHAT I DID

I spoke to the legal team at SCORPION LEGAL PROTECTION SERVICES.

SOLUTION

If no action was instituted in 2004, the matter would have prescribed by now as a civil claim expires after three years. The only way for Ethel to find out if action was instituted would be to speak to the law firm.

But this might not happen. Firms only have to keep client information for five years.

She can’t claim for damages because there was no arrest and she did not suffer any loss.

She can’t sue Shoprite or the police for unlawful arrest. Unfortunately for Ethel, she has no claim.