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The purpose of this paper is to make a significant contribution towards an academic and intellectual debate on the extent of the state's liability caused by law enforcement agencies when failing to exercise due care and diligence in carrying out their mandate. This will be examined against the background of the Carmichele matter and lessons that could be learnt from the case in question in order to address the current weaknesses in and improve the effectiveness of our criminal justice system. In conclusion, recommendations will be made on how to reduce these malpractices within our system and on how to work towards the establishment of an effective human rights orientated criminal justice system.

When the State Becomes a Liability to Society: Lessons from Carmichele