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South Africa decisions
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Snyman v Van Tonder (16402/2016) [2017] ZAWCHC 60 (24 May 2017)
The High Court upheld an exception against a claim for constitutional damages, finding the pleaded facts did not disclose such a cause of action.
Minister of Police v Mboweni and Another (657/2013) [2014] ZASCA 107; 2014 (6) SA 256 (SCA); [2014] 4 All SA 452 (SCA) (5 September 2014)
The Supreme Court of Appeal held that the High Court erred in granting judgment for constitutional damages without a proper factual foundation and without compliance with the requirements for a special case under Rule 33. The statement of facts did not set out the necessary details regarding the nature and extent of parental care allegedly lost, nor did it address whether the children were actually deprived of parental care as contemplated by section 28(1)(b) of the Constitution. The court emphasised that the right to family or parental care is expressed in the alternative, and the factual ci…
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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 tha…
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