Exam (elaborations)
LPL4802 PORTFOLIO Semester 1 2024 - DUE 30 May 2024
- Course
- LPL4802 (LPL4802)
- Institution
- University Of South Africa (Unisa)
LPL4802 MAY/JUNE PORTFOLIO Semester 1 2024 QUESTIONS WITH ANSWERS
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LPL4802 MAY JUNEPORTFOLIO Semester
1 2024 - DUE 30 May
2024
[Company address]
,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
LPL4802 MAY JUNE PORTFOLIO Semester 1 2024 -
DUE 30 May 2024
, LPL4802 MAY JUNE PORTFOLIO Semester 1 2024 -
DUE 30 May 2024
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
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
LPL4802 MAY JUNE PORTFOLIO Semester 1 2024 -
DUE 30 May 2024
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