LAW OF DAMAGES (LPL4802) PORTFOLIO
QUESTION 1
Answer
Law on Unlawful Detention under Section 59 of the Criminal Procedure Act 51
of 1977
Unlawful detention is addressed under Section 59 of the Criminal Procedure Act 51
of 1977 in South Africa. This section provides that any person who is arrested and
detained by a police officer without a warrant must be brought before a court as soon
as reasonably possible, and in any event within 48 hours. The purpose of this
provision is to safeguard individuals from arbitrary and unjustified detention by the
authorities.
The relevant authority that sheds light on this provision is the case of Syce and
Another v Minister of Police (1119/2022) [2024] ZASCA 30. In this case, the court
emphasized the importance of complying with Section 59 and held that any failure to
bring a detained person before a court within 48 hours constitutes unlawful
detention. The court further clarified that the burden of proof lies with the detaining
authority to justify the lawfulness of the detention.
Principles for Determining General Damages in Unlawful Detention
The principles for determining general damages in respect of unlawful detention, as
highlighted in the case of Syce and Another v Minister of Police, revolve around the
following key factors:
Duration of Detention: The court considers the length of the unlawful detention as a
crucial factor in determining general damages. Longer periods of detention without
lawful justification may result in higher general damages.
Impact on the Detainee: The court takes into account the physical and psychological
impact of the unlawful detention on the detainee. This includes any suffering, trauma,
or inconvenience experienced as a result of the detention.
Loss of Liberty and Dignity: The deprivation of liberty and dignity suffered by the
detainee due to unlawful detention is a significant consideration in assessing general
damages.
Precedent and Case Law: The court may also consider precedents and case law to
determine an appropriate quantum of general damages in similar cases of unlawful
detention.
In the case of Syce and Another v Minister of Police, the court emphasized the need
for general damages to serve as a deterrent against unlawful detention and to
compensate the detainee for the infringement of their rights. The court's approach
underscores the importance of ensuring that general damages reflect the gravity of
the unlawful detention and provide adequate redress to the affected individual.
QUESTION 1
Answer
Law on Unlawful Detention under Section 59 of the Criminal Procedure Act 51
of 1977
Unlawful detention is addressed under Section 59 of the Criminal Procedure Act 51
of 1977 in South Africa. This section provides that any person who is arrested and
detained by a police officer without a warrant must be brought before a court as soon
as reasonably possible, and in any event within 48 hours. The purpose of this
provision is to safeguard individuals from arbitrary and unjustified detention by the
authorities.
The relevant authority that sheds light on this provision is the case of Syce and
Another v Minister of Police (1119/2022) [2024] ZASCA 30. In this case, the court
emphasized the importance of complying with Section 59 and held that any failure to
bring a detained person before a court within 48 hours constitutes unlawful
detention. The court further clarified that the burden of proof lies with the detaining
authority to justify the lawfulness of the detention.
Principles for Determining General Damages in Unlawful Detention
The principles for determining general damages in respect of unlawful detention, as
highlighted in the case of Syce and Another v Minister of Police, revolve around the
following key factors:
Duration of Detention: The court considers the length of the unlawful detention as a
crucial factor in determining general damages. Longer periods of detention without
lawful justification may result in higher general damages.
Impact on the Detainee: The court takes into account the physical and psychological
impact of the unlawful detention on the detainee. This includes any suffering, trauma,
or inconvenience experienced as a result of the detention.
Loss of Liberty and Dignity: The deprivation of liberty and dignity suffered by the
detainee due to unlawful detention is a significant consideration in assessing general
damages.
Precedent and Case Law: The court may also consider precedents and case law to
determine an appropriate quantum of general damages in similar cases of unlawful
detention.
In the case of Syce and Another v Minister of Police, the court emphasized the need
for general damages to serve as a deterrent against unlawful detention and to
compensate the detainee for the infringement of their rights. The court's approach
underscores the importance of ensuring that general damages reflect the gravity of
the unlawful detention and provide adequate redress to the affected individual.
