Synopsis:
Application for leave to appeal against an order of the SCA. The applicant had instituted an action for damages in delict against the Minister, seeking to hold him vicariously liable for her rape at the hands of three policemen, employees of the respondent. O'Regan J, for the Court, held that the common law of vicarious liability must be applied by the courts in such a way that it is consistent with the terms of the Constitution as well as the spirit, purport and objects of the Bill of Rights. She concluded that although the rape was a deviation from the employment duties of the policemen, there was a sufficiently close connection between their employment and the wrongful conduct. The Minister was found to be vicariously liable. The matter was referred back to the Johannesburg High Court for determination of quantum of damages.
