In this scenario, A may have a strong case for claiming constitutional damages for the violation of his fundamental human rights, particularly his dignity and security, while in SAPS custody. The South African Constitution provides protection for individuals against actions that violate their fundamental rights, and the courts have recognized the importance of upholding these rights.
However, it is important to note the ruling in the case of Fose v Minister of Safety and Security, where the Supreme Court of Appeal held that punitive damages were not appropriate for constitutional damages. This does not mean that A would not be entitled to any form of compensation for the violation of his rights, but rather that punitive damages specifically may not be awarded.
In considering A's claim for constitutional damages, the court would likely assess the extent of the violation of A's rights, the impact it had on him, and whether such damages are necessary to provide just and fair compensation for the harm suffered. A would need to provide evidence to support his claim, including any medical records documenting injuries sustained during the assault and torture.
Ultimately, whether A succeeds in claiming constitutional damages will depend on the specific details of his case and the court's interpretation of the law. It is possible that A could be awarded delictual damages for the assault and torture, while also potentially receiving compensation for the violation of his constitutional rights.
1. A is allegedly assaulted and tortured in SAPS custody. In addition to delictual damages, A claims constitutional damages for the violation of his fundamental human rights, namely dignity and security. A contends that such relief would be “appropriate“ being “just and fair” as well. Will A succeed? Substantiate your answer. Remember the SCA held that it would be inappropriate to award punitive damages for constitutional damage in the case of Fose v Minister of Safety and Security
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