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South Africa Case Law

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Delict [2003] ZASCA 117

Minister of Safety and Security and Another v Carmichele (533/02)

Minister of Safety and Security and Another v Carmichele (533/02) [2003] ZASCA 117; [2003] 4 All SA 565 (SCA); 2004 (2) BCLR 133 (SCA); 2004 (3) SA 305 (SCA) (14 November 2003)

The Supreme Court of Appeal held that the State is delictually liable for damages suffered by the plaintiff due to the negligent failure of police and prosecutors to oppose bail for Coetzee, a dangerous accused. The officials had a public law duty, reinforced by departmental guidelines and constitutional obligations, to oppose bail or present all relevant facts to the court. Their failure to do so was both wrongful and negligent, as a reasonable official would have foreseen the risk of further violent crime and taken steps to prevent release. The court found that, on the probabilities, a magi…

  • State Liability For Negligence
  • Bill Of Rights Limitation
  • Duty Of Care
  • Wrongfulness
  • Causation
  • Public Accountability
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.