Van Eeden v. Minister of Safety and Security

The appellant was assaulted, raped and robbed by Andre Gregory Mohamed, who had escaped from prison where he was facing 22 charges for indecent assault, rape and armed robbery. The appellant sued the State for damages, arguing that the police owed her a legal duty to take reasonable steps to prevent Mohamed from escaping and causing her harm and that they had negligently failed to comply with such duty.  The Constitutional Court applied its recent holding in Carmichele v. Minister of Safety and Security and held that the state is obliged both by the Constitution and by international law to protect women from violence and the police should be held liable for its negligence in not taking reasonable action to prevent Mohamed's escape, especially in light of the fact that they knew that Mohamed was a dangerous serial rapist who was likely to commit further offenses against women should he escape. The court affirmed the state's liability for any damages suffered by the applicant.



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