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''Zealand v Minister of Justice'' is an important case in South African constitutional law. == Facts == In January 1997, the applicant was charged with crimes which included rape and murder. The matter was postponed. While he was remanded in custody, he escaped. He was re-arrested some three months later and then charged with escaping from custody. He was convicted and sentenced to six months' imprisonment wholly suspended, but remained in prison as an awaiting-trial-prisoner. In September 1998 he was charged with a second murder, for which he was convicted and sentenced to eighteen years' imprisonment. His appeal against the second murder, in August 1999, was successful, but the Registrar of the High Court negligently failed to issue a warrant for the applicant's release. He remained in a maximum-security prison until December 2004, over five years later. Throughout the years of his detention, his first murder case had been repeatedly postponed. In addition, the record showed that, on October 11, 2001, a magistrate had ordered that his case be postponed, and that he be released on warning. The record did not show why this was not done. He sued the Ministers of Correctional Services and Justice, the respondents, for damages arising from unlawful detention. In their defence the respondents admitted negligence but contended that, if the applicant had been released from maximum-security prison he would immediately have been transferred to a medium-security prison as an awaiting-trial prisoner. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Zealand v Minister of Justice」の詳細全文を読む スポンサード リンク
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