Damages for Injuries Arising from the Infringement of the Rights of Persons in Police or Prison Custody: South Africa in Comparative Perspective (Part 3)

  • Chuks Okpaluba
Having laid down 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; and having discussed the preliminary issues and the general principles governing the award of damages in this aspect of the law of arrest and detention; and having discussed the police officers’ assault cases involving persons in police custody and an analysis of the awards made in such cases from South Africa, Botswana, Lesotho, Namibia and Swaziland in parts one and two of this series, this third part focusses on assaults committed by prison officers and prison inmates against fellow prisoners and the awards made for violations of fundamental rights in these circumstances. South African and Namibian cases provide the illustrations necessary in these instances.
Speculum Juris Volume 35
Issue : 
Issue 2