Synopsis:
This case concerns the applicant?s challenge for damages against the state following his alleged unlawful detention. While awaiting trial in one case, the applicant was convicted in a second case and sentenced to 18 years in prison and detained in a maximum security prison. His conviction on the second case was overturned on appeal. Due to the negligence on the part of prison officials, the applicant remained detained in maximum security, as a prisoner awaiting trial in the first case, for over 5 years. Chief Justice Langa held, to detain the applicant in maximum security while he was merely an awaiting trial was arbitrary, without just case, violated section 12(1) of the Constitution and was sufficient to establish delictual liability. Majority: Langa CJ (unanimous)
