Booysen v Minister of Safety and Security (CCT25/17)
Booysen v Minister of Safety and Security (CCT25/17) [2018] ZACC 18; 2018 (9) BCLR 1029 (CC); 2018 (6) SA 1 (CC); 2018 (2) SACR 607 (CC) (27 June 2018)
The majority of the Constitutional Court held that the application for leave to appeal must be refused because the case does not raise a constitutional issue or an arguable point of law of general public importance. The applicant's case was narrowly framed as a challenge to the factual assessment and application of the established test for vicarious liability, without seeking development of the common law or raising a constitutional challenge. The Court reaffirmed that mere dissatisfaction with the application of an accepted legal test does not confer jurisdiction. The majority found that the…
Source excerpt
- Vicarious Liability
- Deviation Case
- Police Misconduct
- Creation Of Risk
- Constitutional Damages
- Domestic Violence