Idea that just hatched in my little head.
When you get robbed/hijacked/raped whatever as a private citizen can you sue the goverment for your medical and psychologist bill?
The reason I think the goverment can be sued is that they are failing on their mandate to provide a safe enviroment for us as citizens to live in leading to a perpetual race to try and curb the next attack, rape or assault.
What does the constitution say about our safety and security?
http://www.info.gov.za/documents/con...96/96cons2.htm12. Freedom and security of the person
1. Everyone has the right to freedom and security of the person, which includes the right *
1. not to be deprived of freedom arbitrarily or without just cause;
2. not to be detained without trial;
3. to be free from all forms of violence from either public or private sources;
4. not to be tortured in any way; and
5. not to be treated or punished in a cruel, inhuman or degrading way.
If the goverment can't ensure that you benefit from your right to safety then it must be held accountable, yes?
A robber enters my home fully intending to steal all my goods. He finds my wife and kids in the house and proceeds to abuse them.
I enter the home and in an act of self defence i shoot the robber while being wounded myself. We both have the same injuries.
I have to foot the bill for my injury by myself which can lead into multiple R10k's whereas the robber who is in precisely the same health situation as me gets free medical care so that he can be fit for a trial(constitutionally protected right).
Why must we have to pay for medical assistance when the criminal gets it for free?
I think the health providers must also enter the fray here and side with the public against the goverment.
How much money will discovery, genesis, gems and all the other medical aids save if they can claim back the money that they had to pay for a members crime victim hospital bills from the goverment and not out of their own coffers?
For once us the average joe and the medical aid big boys have a common enemy. The goverment can't deliver on its mandate for security for all its people. So it must be taken to task for its failing until it can provide this constutionally ensured right.
What has happened in the past?
People against the goverment to provide anti retrovirals. The people won.
People against metrorail(goverment) to provide visible security on trains. The people won.
So what do you all think about this?
Is there a case for getting the goverment to pay for your losses as a direct result of your constituional right "to be free from all forms of violence from either public or private sources" being denied?