Philander v Minister of Safety and Security (473/2011)
Philander v Minister of Safety and Security (473/2011) [2013] ZANWHC 51 (6 June 2013)
The court found that the plaintiff was assaulted and raped by police officers, whose core function is to protect the public. The injuries sustained were physical, mental, and psychological, including post-traumatic stress disorder and contumelia. The court considered the severity of the violation of constitutional rights, the psychological impact, and comparable case law. The plaintiff did not suffer serious physical injuries requiring hospitalization, but the emotional and dignitary harm was significant. The court exercised its discretion to award R60,000 for claim 1 (assault) and R180,000 f…
Source excerpt
- Assault By Police
- Rape By Police Officer
- General Damages Quantification
- Contumelia
- Post Traumatic Stress Disorder
- Bill Of Rights Violation