Lee v Minister of Correctional Services (CCT 20/12) [2012] ZACC 30; 2013 (2) BCLR 129 (CC); 2013 (2) SA 144 (CC); 2013 (1) SACR 213 (CC) (11 December 2012)

Lee v Minister of Correctional Services (CCT 20/12) [2012] ZACC 30; 2013 (2) BCLR 129 (CC); 2013 (2) SA 144 (CC); 2013 (1) SACR 213 (CC) (11 December 2012)

The Constitutional Court held that the Correctional Services authorities were negligent in failing to implement adequate systemic measures to prevent TB infection in Pollsmoor Prison. The Court found that the Supreme Court of Appeal erred by applying an inflexible but-for test for causation, which required the applicant to prove the source of infection and that reasonable measures would have eliminated all risk. Instead, the Court endorsed a flexible approach, holding that it is sufficient for the applicant to show that proper systemic measures would have reduced the risk of contagion and that his infection was more likely than not caused by the negligent omissions. The Court declared the...

Citation
[2012] ZACC 30
Parties
Applicant: Dudley Lee; Respondent: Minister for Correctional Services
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
11 December 2012
Case Number
CCT 20/12
Procedural Posture
Civil Appeal / Application for Leave to Appeal and Merits
Outcome
Appeal upheld. Respondent declared liable in delict. Case remitted to High Court for determination of quantum.
Judges
Nkabinde, Moseneke, Froneman, Jafta, Van der Westhuizen, Cameron, Mogoeng, Khampepe, Skweyiya
Legal Topics
Conditions of Detention, State Liability, Causation in Delict, Bill of Rights Limitation, Negligent Omission, Remedies for Rights Infringement
Constitutional Law Delict Civil Procedure Conditions of Detention State Liability Causation in Delict Bill of Rights Limitation Negligent Omission +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dudley Lee

Applicant

Minister for Correctional Services

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal and Merits

Legal Issues

  1. 1 Whether the negligent omissions of Correctional Services authorities caused the applicant to contract tuberculosis while in detention.
  2. 2 Whether the common law test for causation should be developed to prevent unjust outcomes in cases of systemic omission.
  3. 3 Whether the applicant is entitled to constitutional damages for unlawful detention and rights infringement.

Ratio Decidendi

The Constitutional Court held that the Correctional Services authorities were negligent in failing to implement adequate systemic measures to prevent TB infection in Pollsmoor Prison. The Court found that the Supreme Court of Appeal erred by applying an inflexible but-for test for causation, which required the applicant to prove the source of infection and that reasonable measures would have eliminated all risk. Instead, the Court endorsed a flexible approach, holding that it is sufficient for the applicant to show that proper systemic measures would have reduced the risk of contagion and that his infection was more likely than not caused by the negligent omissions. The Court declared the...

Court Disposition

Appeal upheld. Respondent declared liable in delict. Case remitted to High Court for determination of quantum.

Orders

  • Leave to appeal is granted.
  • The application to introduce new evidence under Rule 31 of the Constitutional Court Rules is dismissed.