![]() ![]() Following the spirit of the constitution, the Court held that the law should recognize a claim for damages to vindicate a violation of rights and that but-for causation tests should not be applied inflexibly. The Court then examined the issue of causation, finding that if a proper process had been followed for isolating persons who were infected with TB, Mr. The Constitutional Court found that the Correctional Services authorities had negligently breached their duty to maintain an adequate system for managing TB. Under the Bill of Rights, persons have guarantees pertaining to human dignity, life, and security of person, and under section 35(2)(e) of the Constitution, persons deprived of liberty have the right to conditions of detention that include adequate accommodation, nutrition, and medical treatment. ![]() Under the common law, all persons have the right to the respect and protection of physical integrity. Dudley Lee v Minister of Correctional Services 2012 ZACC 30 (11 December 2012) The Constitutional Court of South Africa affirms that domestic law must. Lee contended that the Correctional Services authorities knew that their conduct placed persons deprived of liberty at risk of TB infection, failed to prevent his exposure to others incarcerated who were actively infected, and failed to provide him with adequate medical treatment and medication once he was diagnosed with TB. On appeal to the Constitutional Court, the main issue in this case was whether the failure of the Correctional Services authorities to take preventative and precautionary measures resulted in Mr. Lee brought a case against the minister in the Western Cape High Court, Cape Town, which found the minister liable for damages suffered by Mr. Applicant, Dudley Lee, contracted tuberculosis (TB) while incarcerated in a detention facility under the supervision of the Minister for Correctional Services.
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