Carmichele v Minister of Safety and Security and Another

The respondent, Ms Alix Jean Carmichele, was brutally assaulted and almost killed by Francois Coetzee on 6 August 1995. Five months earlier, Coetzee had been arrested and charged with the rape and attempted murder of a 17-year-old girl, Eurana Terblanche. Despite strong evidence in the police docket indicating serious violent conduct and danger to society, the investigating officer, his superior, and the prosecutors recommended that Coetzee be released on warning pending trial. The magistrate followed this recommendation. Carmichele sued the Ministers of Safety and Security and of Justice, alleging that the negligent failure of police and prosecutors to oppose Coetzee’s release led to her subsequent assault.

The appeal by the Ministers was dismissed. The finding of liability against the State was confirmed, with the issue of quantum to be determined separately.

This case is a leading authority on delictual liability of the State for omissions by police and prosecutors. It confirms that common-law wrongfulness must be developed in line with constitutional values, particularly the rights to life, dignity, and security of the person. It establishes that State actors may be liable for failing to take reasonable steps to prevent foreseeable harm by dangerous individuals.