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dc.date.accessioned 2017-04-08T17:03:04Z
dc.date.available 2017-04-08T17:03:04Z
dc.date.created 2005-03-30 en
dc.identifier.citation [2005] ZACC 8
dc.identifier.citation 2005 (6) SA 419 (CC)
dc.identifier.citation 2005 (9) BCLR 835 (CC)
dc.identifier.citation [2005] 8 BLLR 749 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2228
dc.title NK v Minister of Safety and Security en
dc.title.alternative CCT52/04 en
dc.identifier.casenumber CCT52/04 en
dc.date.hearing 10 May 2005
dc.contributor.judge O'Regan J
dc.date.judgment 10 May 2005
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2228/Full%20judgment%20%28285%20Kb%29-3656.pdf?sequence=4&isAllowed=y
dc.concourt.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.
dc.concourt.casehistory Case was first heard in the Johannesburg High Court and subsequently in the Supreme Court of Appeal, reported as K v Minister of Safety & Security 2005 (3) SA 179 (SCA). This was an application for leave to appeal against the SCA judgment


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