Alves v LOM Business Solutions (Pty) Ltd and Another (GSJ)
Alves v LOM Business Solutions (Pty) Ltd and Another (GSJ) [2011] ZAGPJHC 108; 2012 (1) SA 399 (GSJ); [2011] 4 All SA 490 (GSJ) (9 September 2011)
The court found that the delay in preparing the appeal record was attributable to failures within the Department of Justice and Constitutional Development, for which the Minister is responsible. The statutory and constitutional duties to ensure timely preparation of appeal records were breached, resulting in the plaintiff's extended incarceration. The court held that the Minister owed a duty of care to appellants to avoid unreasonable delays, and the requirements for negligence, causation, and remoteness were satisfied. The plaintiff suffered psychological harm and loss of earnings due to the…
Source excerpt
- Negligent Delay In Appeal Record
- Unlawful Detention
- Quantification Of General Damages
- Constitutional Rights To Freedom
- Duty Of Care Of State Officials
- Causation And Remoteness