This blog was co-authored by: Bwanika Lwanga, Candidate Attorney
In this January 2021 judgment the high court in Minister of Justice and Correctional Services v Kitcher and Another (874/2019) [2021] ZANCHC 12 considered the question of whether the minister could be held liable for harm from an animal attack on premises within their control.
The Supreme Court of Appeal found that the Provincial MEC for Social Development was not liable for the injury of a child in the playground of a nursery school operated by an NGO in the province. The school was treated as if registered under the Child Care Act 1983 because the incident occurred in 2008
In Minister of Home Affairs v Rahim & Others the Constitutional Court had to determine when the breach of a public duty is “wrongful” for the purposes of, and gives rise to, a delictual claim against the government.
After their applications for asylum were rejected, 15 foreign nationals were arrested and detained under the Immigration