Show simple item record 2017-04-08T17:09:01Z 2017-04-08T17:09:01Z 2007-09-03 en
dc.identifier.citation [2008] ZACC 3
dc.identifier.citation 2008 (4) SA 458 (CC)
dc.identifier.citation 2008 (6) BCLR 601 (CC)
dc.identifier.citation 2008 (2) SACR 1 (CC)
dc.title Zealand v Minster of Justice and Constitutional Development and Another en
dc.title.alternative CCT54/07 en
dc.identifier.casenumber CCT54/07 en
dc.contributor.judge Langa CJ 11 March 2008
dc.concourt.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)
dc.concourt.casehistory Application for leave to appeal to the CC against the judgment and order of the SCA: Minister of Justice and Constitutional Development and Another v Zealand 2007 (2) SACR 401 (SCA); [2007] 3 All SA 588 (SCA). The case was previously heard in the Port Elizabeth High Court: Zealand v The Minister of Justice and Constitutional Development and Another Case No 3968/05 of the Port Elizabeth High Court, 22 June 2006, unreported.

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