Government Liability: South Africa And The Commonwealth is the first attempt to analyse in comparative terms the law of government liability and bureaucratic negligence in South Africa, England, Australia, Canada, and New Zealand.
The book is structured around the three basic sources of action – constitutional, statutory and common law – through which an aggrieved person may obtain damages in South African courts for wrongful government conduct. In analysing the legal position in South Africa, the book draws extensively upon case law from the English, Australian, Canadian and New Zealand courts.
The authors examine the impact of the Constitution on developments in the common law of public authority liability and government vicarious liability in South Africa, and link these developments to the changes that have taken place in Canada and England. The study also provides a comparative analysis of the correlation between fraud, bad faith and misfeasance in public office as grounds upon which damages can be awarded when constitutional and administrative justice rights are breached by public functionaries.
Government Liability: South Africa And The Commonwealth also investigates the century-old question of holding the employer, in this instance, the public employer, vicariously liable for the illegal acts of its servants.
The book tackles the problematic issue of quantum of damages in public law in a thorough and comparative manner, not hitherto attempted in the Commonwealth.
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