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.
In South African law, individuals are protected under the Constitution from violations of their fundamental human rights, including the right to dignity and security. The Constitution provides for the right to just and fair compensation in cases of human rights violations, which may include constitutional damages.
In the case of A, who alleges assault and torture in SAPS custody, there is a clear violation of his fundamental human rights to dignity and security. A has the right to seek relief for these violations, including constitutional damages, in addition to delictual damages.
The courts have recognized the right to claim constitutional damages for violations of fundamental human rights, and have awarded such damages in cases where it is deemed appropriate and just to do so. In the case of assault and torture in police custody, where there is a clear violation of a person's dignity and security, it is likely that A would succeed in his claim for constitutional damages.
Courts in South Africa are increasingly recognizing the importance of protecting fundamental human rights, and have shown a willingness to award constitutional damages in cases where those rights have been violated. In this case, given the serious nature of the allegations of assault and torture, it is likely that A would succeed in his claim for constitutional damages in order to provide him with just and fair compensation for the violation of his rights.