oa De Rebus - Balancing deprivation of liberty & quantum of damages : opinion
There has been a general acknowledgment by the courts that the right to liberty is one of the most important rights afforded to a person. This has been the case since long before the 1996 Constitution, which guarantees certain individual rights. As long ago as 1879, De Villiers CJ in In re Willem Kok and Nathaniel Balie (1879) 9 Buch 45 pronounced, at 64, that courts were duty bound to protect personal liberty when it was illegally infringed on.
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