The Constitutional Court, in Carmichele v Minister of Safety and Security and Another (Centre for Applied Legal Studies Intervening), an important case in South African criminal, delict and constitutional law, found that the State could be held delictually liable for damages arising out of the unlawful omissions of its servants. In casu, the conduct of the police and a prosecutor had resulted in the release of a person, charged with rape, on his own recognisance. This person had subsequently assaulted the complainant.
CR Snyman, for one, has noted the court's emphasis on section 39(2) of the Constitution, which provides that "every court [...] must promote the spirit, purport and objects of the Bill of Rights." This, he argues, "may perhaps one day open the way for holding an individual police officer liable for a crime such as culpable homicide flowing from her negligent omission to protect a person from the real possibility of harm."[1]
carmichele, minister, safety, security, constitutional, court, another, centre, applied, legal, studies, intervening, important, case, south, african, criminal, delict, constitutional, found, that, state, could, held, delictually, liable, damages, arising, unl. The Constitutional Court in Carmichele v Minister of Safety and Security and Another Centre for Applied Legal Studies Intervening an important case in South African criminal delict and constitutional law found that the State could be held delictually liable for damages arising out of the unlawful omissions of its servants In casu the conduct of the police and a prosecutor had resulted in the release of a person charged with rape on his own recognisance This person had subsequently assaulted the complainant CR Snyman for one has noted the court s emphasis on section 39 2 of the Constitution which provides that every court must promote the spirit purport and objects of the Bill of Rights This he argues may perhaps one day open the way for holding an individual police officer liable for a crime such as culpable homicide flowing from her negligent omission to protect a person from the real possibility of harm 1 Contents 1 See also 2 References 2 1 Books 2 2 Cases 3 NotesSee also editSouth African criminal law South African law of delictReferences editBooks edit Burchell J Principles of Criminal Law 3 ed Juta and Company Ltd 2004 Snyman CR Criminal Law 5 ed LexisNexis 2008 Cases edit Carmichele v Minister of Safety and Security and Another Center for Applied Legal Studies Intervening 2001 4 SA 938 CC Notes edit Snyman 61n recommending a consultation of Burchell 196 205 nbsp This article relating to case law in South Africa is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Carmichele v Minister of Safety and Security amp oldid 1204966723, wikipedia, wiki, book, books, library,
