Minister of Defence v Von Benecke (155/12)
Minister of Defence v Von Benecke (155/12) [2012] ZASCA 158; (2013) 34 ILJ 275 (SCA); 2013 (2) SA 361 (SCA) (15 November 2012)
The Supreme Court of Appeal held that the Minister of Defence is vicariously liable for the harm caused by the theft of armaments by an employee, Motaung, who was entrusted with the safekeeping of dangerous weapons. The court found an intimate connection between Motaung's wrongful acts and his employment, as his duties provided both the opportunity and means to commit the theft. Constitutional and statutory obligations require the Defence Force to protect the public from harm and to ensure proper control of its armaments. The court determined that the harm suffered by the respondent was a dir…
Source excerpt
- Vicarious Liability
- Constitutional Duties Of Security Services
- Causation
- Theft By Employee
- Public Harm
- Duty Of Care