Komape and Others v Minister of Basic Education and Others (1051/2018; 754/2018) [2019] ZASCA 192 (18 December 2019)

Flynote

Practice – amicus curiae – test as to who should be admitted –
application to be admitted as amicus dismissed.
Emotional shock – principles relevant to such a claim – grief associated with
psychiatric lesion caused by emotional shock recoverable without necessity to
develop the common law in line with the spirit of the Constitution.
Constitutional damages – when to be awarded – where claimants fully
compensated for loss sustained and public funds better served elsewhere –
constitutional damages not awarded.


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