n South African Journal on Human Rights - Judicial immunity, compensation for unlawful detention and the elusive self-executing treaty provision : 2010 (6) SA 399 (WCC) : notes and comments




The issue in , was 'whether a remedy in damages should be extended in a case in which a person is detained unlawfully as a consequence of the negligently made order by a magistrate acting outside the authority of the law'. The Court noted that the Constitutional Court in had held the minister vicariously liable for the inaction of a court registrar causing the detention of Mr Zealand 'as a sentenced prisoner for some years'. According to the High Court the case should be distinguished from in that the magistrate had judicial immunity. The Court held that the common law doctrine of judicial immunity was not contrary to the Bill of Rights.


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