Critically analyse the interplay between constitutional remedies and common law remedies in the case of Ramdin v Minister of Police (07223/14) [2018] ZAGPJHC 661 (13 December 2018).
In the case of Ramdin v Minister of Police (07223/14), the High Court of South Africa had to consider the interplay between constitutional remedies and common law remedies in the context of a claim for damages arising from false arrest and detention.
In this case, Mr. Ramdin was wrongfully arrested and detained by the police without a valid warrant. He subsequently brought an action against the Minister of Police for damages for the violation of his constitutional rights, specifically his right to freedom and security of the person guaranteed by the South African Constitution.
The court in this case acknowledged the dual nature of the claim brought by Mr. Ramdin - one based on a breach of his constitutional rights and the other based on the common law tort of wrongful arrest and detention. The court emphasized that while the constitutional remedy provided a broader and more comprehensive framework for addressing violations of fundamental rights, it did not oust or replace common law remedies such as the tort of wrongful arrest and detention.
The court held that damages for false arrest and detention could be claimed both under the common law tort and under the constitutional remedy for the violation of fundamental rights. The court noted that the constitutional remedy provided a more effective mechanism for addressing violations of fundamental rights, as it allowed for a broader range of remedies, including declaratory and injunctive relief, as well as damages.
In this case, the court found that Mr. Ramdin was entitled to damages for both the breach of his constitutional rights and the common law tort of wrongful arrest and detention. The court awarded him compensation for the violation of his constitutional rights, as well as additional damages for the humiliation and distress caused by his wrongful arrest and detention.
Overall, the case of Ramdin v Minister of Police highlights the important interplay between constitutional remedies and common law remedies in the context of violations of fundamental rights. While the constitutional remedy provides a more comprehensive framework for addressing such violations, common law remedies such as the tort of wrongful arrest and detention still play a valuable role in providing victims with redress for the harm they have suffered.