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. with reference to the case of Fose v Minister of Safety and Security
In the case of Fose v Minister of Safety and Security, the Constitutional Court held that victims of human rights violations can claim constitutional damages for the violation of their rights, in addition to delictual damages. The court stated that constitutional damages are aimed at compensating victims for the violation of their fundamental rights and ensuring that the state and its officials are held accountable for their actions.
In the case of A, who was allegedly assaulted and tortured in SAPS custody, it is likely that he would succeed in claiming constitutional damages for the violation of his dignity and security rights. The actions of the state officials in this case clearly amount to a violation of A's fundamental human rights, and he has a strong case for claiming constitutional damages.
Furthermore, the court in Fose v Minister of Safety and Security emphasized that constitutional damages are meant to ensure that victims are adequately compensated for the violation of their rights, and to deter future violations. Given the serious nature of the violations alleged by A, it would be just and fair for him to be awarded constitutional damages in addition to delictual damages.
Overall, based on the principles established in the Fose case, A is likely to succeed in claiming constitutional damages for the violation of his fundamental human rights in this situation.