Synopsis:
Application for leave to appeal against a judgment of the Supreme Court of Appeal holding that the Minister of Safety and Security was not vicariously liable for the assault and rape of a young girl by a policeman who was on “standby duty”. This Court held that a sufficiently close link existed between the rape of the minor child and the policeman’s employment. The test laid down in the K v Minister of Safety and Security was endorsed and applied. The judgment of the Supreme Court of Appeal was set aside and the Minister as held vicariously liable. Froneman J, in a separate concurrence, agreed with the outcome, but held that the Minister ought to have been held directly liable on the grounds that the actions of state officials are in effect the state’s own actions. In a dissenting judgment, Yacoob J agreed with the test applied by the majority, but held that there was not a sufficient link between the delict committed and the employment of the policeman. Judgment: Mogoeng J (Moseneke DCJ, Cameron J, Khampepe J, Nkabinde J, Skweyiya J and Van der Westhuizen J concurring). Separate concurrence: Froneman J. Dissent: Yacoob J (Jafta J concurring).