This case went all the way to the Constitutional Court, and we won. It related to a prisoner who became infected with TB at Pollsmoor’s notorious awaiting trial prison.
We sued on the basis that the authorities, through their negligence and failure to adhere to their own statutory and constitutional obligations, had failed to put in place adequate and/or sufficient measures to guard against the spread of TB.
It is a landmark decision that now extends similar protection and relief to all detainees in prisons and other similar institutions throughout South Africa.