Synopsis:
Application for leave to appeal. The applicants claimed damages arising from the unlawful conduct of a Special Investigating Unit. The conduct relied on was that of a prior Unit which had been replaced by a second Unit. The High Court and the Supreme Court of Appeal held that the second Unit was not liable for the actions of the first Unit. Yacoob J, writing for a unanimous court, agreed that the second Unit was not liabile, but raised a concern that this would mean that no state entity could be held liable. Yacoob J concluded that the first Unit could still be held liable, and remitted the matter to the High Court to be dealt with as if the first Unit had been cited in the original summons and as if the first Unit could attract liability. Majority: Yacoob J (unanimous)
