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)
Answer
Introduction
The case of Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30,1
involves important legal principles about unlawful detention in South Africa. Unlawful
detention violates a person's right to personal freedom, a right protected by the South
African Constitution. This essay will discuss the law regarding unlawful detention
under Section 59 of the Criminal Procedure Act 51 of 1977 (CPA), as amended, and
explain how courts decide on damages for such violations.
Law Applicable to Unlawful Detention under Section 59 of the Criminal
Procedure Act 51 of 1977
1 Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30.
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