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LPL4802 PORTFOLIO Semester 1 2024 - DUE 30 May 2024
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QUESTIONS AND ANSWERS LPL4802 PORTFOLIO Semester 1 2024 - DUE 30 May 2024
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+254792947610LPL4802 MAY JUNE
PORTFOLIO
Semester 1 2024 -
DUE 30 May 2024
QUESTIONS WITH DETAILED ANSWERS
,LPL4802 MAY JUNE PORTFOLIO Semester 1 2024 - DUE 30 May
2024
LPL4802 MAY JUNE PORTFOLIO Semester 1 2024 - DUE 30 May
2024
QUESTION 1:
NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (INJURY TO PERSONALITY)
Study the case on Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30 and answer the
questions below. Your answer must be presented in an essay format. It will be marked according to the
rubric annexed with this question paper. You must attach the rubric immediately after your answer, and
not at the end of the exam.
a) Discuss the law that applies to unlawful detention in terms of section 59 of the Criminal Procedure
Act 51 of 1977, as amended. Provide relevant authority to enlighten your discussion. (15 marks)
Introduction
Unlawful detention is a significant infringement of personal liberty, protected under various legal
frameworks including the Criminal Procedure Act 51 of 1977 in South Africa. This essay examines the
legal principles surrounding unlawful detention, particularly under section 59 of the Criminal Procedure
Act. The case of Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30 serves as a
focal point to explore these principles and their application. Relevant statutory provisions and case law
will be discussed to provide a comprehensive understanding of the subject.
Legal Framework for Unlawful Detention
Section 59 of the Criminal Procedure Act 51 of 1977 governs the release of an arrested person on bail
by a police official. This section permits a police officer, of or above the rank of non-commissioned
officer, to release a person accused of certain offenses on bail before their first court appearance.
However, the exercise of this power must adhere to legal standards to prevent arbitrary or unlawful
detention.
Conditions for Lawful Detention
For detention to be lawful under section 59, several conditions must be met:
1. Arrest for an Offense: The person must be arrested for an offense specified in the law.
2. Authority of the Police Officer: The police officer making the decision must have the necessary rank
and authority.
3. Judicial Oversight: There should be provisions for subsequent judicial oversight to ensure the rights of
the detained person are safeguarded.
Relevant Case Law
In the case of Syce and Another v Minister of Police, the appellants contended that their detention was
unlawful as it violated the provisions of section 59. The Supreme Court of Appeal (SCA) deliberated on
whether the procedural and substantive requirements of lawful detention were adhered to by the police.
Assessment of Non-Patrimonial Loss (Injury to Personality)
Non-patrimonial loss refers to damages that are not of a financial nature but pertain to personal
suffering, emotional distress, and injury to personality. The assessment of such loss requires a nuanced
understanding of the impact of unlawful detention on an individual's dignity and mental well-being.
Factors Considered in Assessment
, LPL4802 MAY JUNE PORTFOLIO Semester 1 2024 - DUE 30 May
2024
1. Duration of Detention: The length of unlawful detention is a critical factor. Prolonged detention
without just cause significantly exacerbates the injury to personality.
2. Conditions of Detention: The conditions under which the detained person was held also influence the
assessment. Inhumane or degrading conditions can increase the extent of non-patrimonial loss.
3. Behavior of Police Officers: The conduct of police officers during the arrest and detention period is
scrutinized. Any form of abuse or maltreatment intensifies the non-patrimonial harm suffered.
4. Psychological Impact: Expert testimony regarding the psychological impact of detention can
substantiate claims of emotional distress and mental anguish.
Judicial Precedents
In Syce and Another v Minister of Police, the court examined the psychological and emotional toll on
the appellants due to their unlawful detention. The SCA's ruling emphasized the importance of adhering
to legal standards to prevent arbitrary deprivation of liberty and the subsequent non-patrimonial
damages resulting from such actions.
Conclusion
The principles governing unlawful detention under section 59 of the Criminal Procedure Act underscore
the protection of individual liberty and the necessity of lawful procedures. The case of Syce and
Another v Minister of Police highlights the judicial scrutiny applied in assessing the lawfulness of
detention and the resulting non-patrimonial loss. Upholding these legal standards is crucial in
safeguarding personal freedoms and ensuring justice.
b) Explain fully with the aid of authority, the principles (as highlighted in this case) that the court
must follow to determine general damages in respect of unlawful detention. (10 marks) [25 marks]
Principles for Determining General Damages in Unlawful Detention
The determination of general damages in cases of unlawful detention involves evaluating the non-
patrimonial harm suffered by the detained individual. The principles guiding this assessment are
grounded in both statutory and common law, with courts relying on established precedents to ensure fair
and just compensation. The case of Syce and Another v Minister of Police (1119/2022) [2024]
ZASCA 30 provides a pertinent example of how these principles are applied in practice.
Key Principles for Assessing General Damages
1. Nature and Duration of Detention:
o The duration of unlawful detention is a significant factor. Longer periods of detention typically
warrant higher damages due to the extended impact on the individual's liberty and well-being.
o The nature of the detention, including the conditions and treatment during the detention period,
also plays a crucial role. Harsh or degrading conditions can exacerbate the injury suffered, thus
increasing the damages awarded.
2. Impact on Personal Dignity and Reputation:
o Unlawful detention often leads to a substantial impact on an individual's dignity, reputation, and
emotional state. Courts consider the extent to which the detention has affected the person's
standing in their community, their professional life, and their personal relationships.
o In Syce and Another v Minister of Police, the court acknowledged the profound psychological
and reputational harm inflicted by the unlawful detention, which justified the need for significant
general damages.
3. Mental and Emotional Suffering:
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