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South Africa decisions
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Mkhize v Passenger Rail Agency of South Africa (11417/20) [2023] ZAGPPHC 1883 (3 November 2023)
The High Court held PRASA liable where a commuter was pushed from a moving train through open doors, finding the negligence issue was proved on one consistent version.
Ramdin v Minister of Police (07223/14) [2018] ZAGPJHC 661 (13 December 2018)
The court found that the plaintiffs failed to establish a direct breach of a constitutional right warranting an award of constitutional damages. The defendants had already conceded liability and agreed to pay general and special damages, which fully compensated the plaintiffs for their loss. Awarding constitutional damages in addition would result in overcompensation, contrary to the principles established in Fose v Minister of Safety and Security. The court held that constitutional damages are only appropriate where no other effective remedy exists and where a direct constitutional breach is…
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