Mosepele v Mokgethi and Another (393/2015) [2019] ZANWHC 27 (23 May 2019)

Mosepele v Mokgethi and Another (393/2015) [2019] ZANWHC 27 (23 May 2019)

The court found that there are reasonable prospects of success on appeal regarding the trial court's finding that the Minister of Police is not vicariously liable for the conduct of an off-duty police officer. The court considered the dicta in K v Minister of Safety and Security and F v Minister of Safety and Security, which require a close connection between the wrongful conduct and the employee's duties. Although the trial court found no sufficiently close link, the applicant's reliance on these authorities and the factual circumstances warrant consideration by a Full Bench. The court concluded that another court could reach a different decision and that leave to appeal should be...

Citation
[2019] ZANWHC 27
Parties
Applicant: Rebecca Mosepele; Respondent: Constable J K Mokgethi; Respondent: Minister of Police
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
23 May 2019
Case Number
393/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits
Outcome
Leave to appeal granted to the Full Bench of the North West High Court, Mafikeng.
Judges
R D Hendricks
Legal Topics
Vicarious Liability, Damages for Assault, Leave to Appeal, Superior Courts Act
Delict Civil Procedure Vicarious Liability Damages for Assault Leave to Appeal Superior Courts Act

Case Brief

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Parties

Rebecca Mosepele

Applicant

Constable J K Mokgethi

Respondent

Minister of Police

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against the trial court's finding that the Minister of Police is not vicariously liable for the conduct of an off-duty police officer.
  2. 2 Whether another court could reach a different conclusion regarding the link between the police officer's conduct and his employment.
  3. 3 Whether leave to appeal should be granted to the Full Bench of the division.

Ratio Decidendi

The court found that there are reasonable prospects of success on appeal regarding the trial court's finding that the Minister of Police is not vicariously liable for the conduct of an off-duty police officer. The court considered the dicta in K v Minister of Safety and Security and F v Minister of Safety and Security, which require a close connection between the wrongful conduct and the employee's duties. Although the trial court found no sufficiently close link, the applicant's reliance on these authorities and the factual circumstances warrant consideration by a Full Bench. The court concluded that another court could reach a different decision and that leave to appeal should be...

Court Disposition

Leave to appeal granted to the Full Bench of the North West High Court, Mafikeng.

Orders

  • Leave to appeal is granted to the Full Bench of this division against the whole of the judgment and order granted by Gutta J on 15 November 2018.
  • The costs of the application for leave to appeal shall be costs in the appeal.