The relief sought in this Court is essentially an order:
The question is whether the causation aspect of the common law test for delictual liability was established and, if not, whether the common law needs to be developed to prevent an unjust outcome. The complaint is that the unlawful detention and specific omissions violated the applicant's right to freedom and security of the person and the right to be detained under conditions consistent with human dignity, and to be provided with adequate accommodation, nutrition and medical treatment at state expense. Primarily, the case concerns whether the applicant's detention and the systemic failure to take preventative and precautionary measures by the Correctional Services authorities caused the applicant to be infected with TB while in detention. Having rejected the applicant's claim on a narrow factual point on the application of the test for causation, the Supreme Court of Appeal upheld the respondent's appeal and absolved her from liability.
The High Court declared the respondent liable for the delictual damages suffered by the applicant as a result of contracting tuberculosis (TB) while in detention. NKABINDE J (Moseneke DCJ, Froneman J, Jafta J and Van der Westhuizen J concurring):īefore this Court is an application for leave to appeal against a decision of the Supreme Court of Appeal overturning a decision of the Western Cape High Court, Cape Town (High Court). MINISTER FOR CORRECTIONAL SERVICES - RespondentĬENTRE FOR APPLIED LEGAL STUDIES - Amici Curiae In a split decision Nkabinde J rules that DCS must pay damages after prisoner contracts TB
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