Damages for Injuries Arising from the Infringement of the Rights of Persons in Police or Prison Custody: South Africa in Comparative Perspective (Part 2)

  • Chuks Okpaluba

The common law, constitutional and statutory backgrounds forming the basis for the prisoner’s claim to protection by the Bill of Rights and other statutory protections; having laid down the preliminary issues and the general principles governing the award of damages for injuries arising from infringements of the rights of persons in police or prison custody received attention in part (1). Then, this part commences with the study of rampant police assault cases of which the preponderance of the materials comes from South Africa, followed by a case study of the police assault cases from Botswana, Lesotho, Namibia and Eswatini.

Keywords: rights of persons; police or prison custody; residual liberty; protection of rights; arrested person; detained person; sentenced and convicted person; quantum of damages.

Speculum Juris Volume 34
Issue : 
Issue 2