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Volume No - 14     Issue No - 24

The circumstances under which Mr Mahlangu and Mr Mtsweni were detained for eight months and 10 days were unpleasant, to say the very least. In addition, they were placed in solitary confinement for two months to protect them from attack and taunting by fellow detainees who believed that they had killed their relatives. No amount of compensation can undo the humiliation and human rights violations suffered by the applicants. Appropriate solatia, taking into account all of these factors, are the following: the first applicant should be awarded total compensation in the amount of R550 000 and the second applicant, total compensation in the amount of R500 000. There is no reason why the Minister should not be ordered to pay the costs, including the costs of two counsel.

Judgement as it is

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