The Minister of Correctional Services v Lee

Mr Dudley Lee was incarcerated at Pollsmoor Prison from 1999 to 2004 while awaiting trial. He entered prison in reasonable health but, after more than three years of detention in overcrowded and poorly ventilated conditions, he was diagnosed with pulmonary tuberculosis (TB). He alleged that the prison authorities failed to implement and maintain adequate systems to prevent the spread of TB, including screening, isolation, and proper management of contagious prisoners. After his release, Mr Lee sued the Minister of Correctional Services for damages, alleging that he contracted TB due to the negligent omissions of prison authorities in breach of the common law, statutory duties, and constitutional rights.

The appeal was upheld. The order of the Western Cape High Court was set aside and replaced with an order absolving the defendant from the instance. Each party was ordered to pay its own costs in both courts.

The case is significant for clarifying the application of factual causation in delictual claims based on omissions, particularly in the context of systemic failures by the state. It affirms that prisoners are owed constitutional and statutory duties of care by the state, while underscoring that liability for damages still requires proof of causation. The judgment has been influential in later jurisprudence on causation, including subsequent Constitutional Court consideration of the same matter.