BCC 504/2005

This case involved a request by a prisoner that the prison authorities be forced to consider his medical status. A key issue was whether the urgent affairs court had jurisdiction.

Background

A prisoner filed a case against the chief of prisons before the court of urgent affairs requesting the consideration of his medical status. The prisoner said that he had become sick in prison.

The court said that it had no mandate to consider the case.

The prisoner appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The prisoner appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had insufficient evidence of causation and there was a contradiction of material documentary evidence. It was said that the court ruled that it had no mandate to consider the case because the case was not urgent though he was suffering from a disease that the doctors had failed to diagnosis which meant that his life was in danger.