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South Africa decisions
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Befile v Minister of Justice and Correctional Services (3868/2017) [2020] ZAECGHC 11 (28 January 2020)
The High Court held the Minister liable after finding prison officials failed to prevent a foreseeable inmate assault using padlocks as weapons.
Meyer v Minister of Correctional Services (1299/2014) [2016] ZAECPEHC 67 (4 October 2016)
The High Court held the Minister of Correctional Services liable for injuries the plaintiff suffered in prison after finding negligent failures in inmate searches and supervision.
Tyatya v Minister of Correctional Services (1850/2010) [2014] ZAECPEHC 8 (21 February 2014)
The court found that the defendant's employees failed to conduct regular searches of inmates and cells as required by the Correctional Services Act, its regulations, and standing orders. This omission occurred in circumstances where attacks on inmates were common, and the lack of regular searches enabled assailants to possess weapons used in assaults against the plaintiff. The court held that the employees' failure constituted negligence and a breach of their statutory duty to provide a safe environment. The defendant's arguments regarding different treatment for awaiting trial prisoners were…
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