Carmichele v. Ministers of Safety and Security and of Justice and Constitutional Development

In August 1995, Francois Coetzee attacked and injured Alix Carmichele (plaintiff) near Knysna. The Knysna regional court convicted Coetzee of attempted murder and housebreaking and sentenced him to a prison term of 12.5 years. Carmichele filed a delict action against the minister for safety and security and the minister of justice and constitutional development (the ministers) (defendants). Carmichele asserted that Coetzee had committed two prior acts of sexual assault and that Coetzee brutally beat another woman, E, prior to August 1995. Carmichele asserted that the investigating officer for these incidents sent a note to the prosecutor indicating there was no reason to deny Coetzee bail and that the prosecutor did not provide any information about Coetzee’s prior convictions. After Coetzee was granted bail for these three prior incidents, Coetzee attempted to attack E and her friends again. However, the police and the prosecutors failed to mention these incidents when Coetzee reappeared for a bail hearing. Coetzee then attacked Carmichele while out on bail in August 1995. Carmichele argued that the South African police service and public prosecutors who served under the ministers failed to prevent Coetzee from causing her harm, thereby breaching a legal duty owed to her. In the midst of the trial on Carmichele’s suit, the South Africa Constitutional Court heard the constitutional questions in the matter.