What is carmichele v minister of safety?

Carmichele v Minister of Safety and Security was a landmark case in South African law that dealt with the issue of state liability for failing to protect citizens from harm caused by the criminal actions of third parties.

The case was brought by Ms. Carmichele, a victim of rape who sued the Minister of Safety and Security for damages. Ms. Carmichele argued that the police, who were supposed to protect her, had failed to take reasonable steps to prevent the rape from occurring, and thus the state was liable for the harm she suffered.

The Constitutional Court of South Africa agreed with Ms. Carmichele, stating that the state has a duty to protect its citizens from harm caused by third parties, such as criminals. The court found that failure to take reasonable steps to prevent harm could lead to state liability.

The case established a precedent in South African law that the state has a duty to protect its citizens, and failure to do so could lead to legal action against the government. It also highlighted the importance of upholding human rights, especially the right to safety and security.