Carmichele v Minister of Safety and Security and Another

The applicant, Alix Jean Carmichele, was brutally assaulted and injured by Francois Coetzee on 6 August 1995 at a private home in Noetzie near Knysna. Prior to the attack, Coetzee had a known history of violent sexual offences, including a prior conviction for indecent assault and a pending prosecution for rape and attempted murder. Despite this history, and despite information available to the police and prosecutors about the danger he posed, Coetzee was repeatedly released without opposition to bail or adequate protective measures. Carmichele sued the Minister of Safety and Security and the Minister of Justice and Constitutional Development for damages, alleging that the police and prosecutors negligently failed to fulfil a legal duty to protect her. The High Court granted absolution from the instance, and the Supreme Court of Appeal dismissed her appeal. She then sought leave to appeal to the Constitutional Court.

The appeal was upheld. The orders of the High Court and the Supreme Court of Appeal granting absolution from the instance were set aside. The matter was remitted to the High Court for continuation of the trial, with the respondents required to present their defence.

This is a landmark Constitutional Court decision on state liability for omissions and the development of the common law of delict. It firmly established that courts must assess wrongfulness and legal duty in light of constitutional values, particularly the state’s obligation to protect individuals—especially women—from violent crime. The case is foundational in recognising that failures by police and prosecutors can attract delictual liability where constitutional duties are implicated.