South Africa Case Law

Minister of Safety and Security v Msi (273/2018)

Minister of Safety and Security v Msi (273/2018) [2019] ZASCA 26 (28 March 2019)

Court

Supreme Court of Appeal

Case number

273/2018

Judges

Navsa, Majiedt, Mathopo, Schippers, Eksteen

The Supreme Court of Appeal held that the Minister of Safety and Security was not vicariously liable for the assault committed by Thambo, a police officer, during a private meeting unrelated to police duties. The court found that Thambo attended the meeting for personal reasons, not in furtherance of police business, and Ms Msi did not place trust in him as a police officer but as a friend. The use of police uniform, vehicle, and handcuffs did not create a sufficient connection to his employment. The court emphasized that vicarious liability requires a sufficiently close link between the wron…

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• Vicarious Liability
• Deviation Cases
• Assault By Police Officer
• Sufficient Connection Test

Minister of Safety and Security v Booysen (2915/2013)

Minister of Safety and Security v Booysen (2915/2013) [2015] ZAECGHC 100 (6 October 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

2915/2013

Judge

Plasket

The High Court refused leave to appeal in a vicarious liability case, holding that subjective trust by the victim is not an essential element in deviation cases.

• Vicarious Liability
• Deviation Cases
• Objective Test For Liability
• Constitutional Obligations
• Bill Of Rights Application
• Vicarious-liability

Minister of Safety and Security v Morudu (1084/2013)

Minister of Safety and Security v Morudu (1084/2013) [2015] ZASCA 91; 2016 (1) SACR 68 (SCA) (29 May 2015)

Court

Supreme Court of Appeal

Case number

1084/2013

Judges

Navsa, Brand, Saldulker, Mbha, Dambuza

The Supreme Court of Appeal held that the Minister of Safety and Security is not vicariously liable for the unlawful killing committed by Inspector Duba. The court found that Duba's actions were motivated solely by personal reasons, constituting a radical deviation from his employment duties. None of the respondents identified Duba as a policeman or reposed trust in him; he was dressed in civilian clothing, used his own firearm, and the police vehicle was unmarked. The area he travelled to was not within his assigned duty area, and he was not dispatched to a crime scene. The court distinguish…

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• Vicarious Liability
• Deviation Cases
• Loss Of Support
• Bill Of Rights Application

Booysen v Minister of Safety and Security (2915/2013)

Booysen v Minister of Safety and Security (2915/2013) [2015] ZAECGHC 56 (15 May 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

2915/2013

Judge

Plasket

The court found that the defendant is vicariously liable for the delict committed by Mongo. Mongo was on duty, in uniform, and armed with a police-issued firearm, which he used to shoot the plaintiff. The connection between Mongo's employment and the wrongful act was sufficiently close, particularly given the use of the firearm and the circumstances of his duty. The court considered the State's constitutional obligations, the risk created by arming police officials, and the precedents in deviation cases. The absence of foreseeability or a specific trust relationship did not preclude liability…

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• Vicarious Liability
• Police Liability
• Course And Scope Of Employment
• Use Of Firearm
• Deviation Cases

Wolfaardt v Mandre Beleggings CC T/A Zenex Jean Avenue and Another (1944/12)

Wolfaardt v Mandre Beleggings CC T/A Zenex Jean Avenue and Another (1944/12) [2014] ZAGPPHC 382 (19 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

1944/12

Judge

Masipa

High Court judgment on vicarious liability arising from a cashier’s assault on a customer at a filling station; the court dismissed the claim against the employer.

• Vicarious Liability
• Assault
• Course And Scope Of Employment
• Deviation Cases
• Disciplinary Code
• Damages

Wolfaardt v Mandre Beleggings CC t/a Zenex Jean Avenue (1944/2012)

Wolfaardt v Mandre Beleggings CC t/a Zenex Jean Avenue (1944/2012) [2014] ZAGPPHC 384 (19 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

1944/12

Judge

TM Masipa

High Court case on whether a filling-station employer was vicariously liable for a cashier’s assault on a customer.

• Vicarious Liability
• Assault
• Course And Scope Of Employment
• Deviation Cases
• Disciplinary Code
• Damages

Premier of the Gauteng Province v Carrim and Another (04/12338)

Premier of the Gauteng Province v Carrim and Another (04/12338) [2009] ZAGPJHC 98 (1 April 2009)

Court

South Gauteng High Court, Johannesburg

Case number

04/12338

Judge

P.A. Meyer

The High Court refused leave to appeal against findings on vicarious liability and a costs order, holding there was no reasonable prospect of success.

• Vicarious Liability
• Leave To Appeal
• Costs Award
• Deviation Cases
• Vicarious-liability
• Leave-to-appeal

Wait v Minister of Defence (CA 1/2001)

Wait v Minister of Defence (CA 1/2001) [2001] ZAECHC 2; [2002] 3 All SA 414 (E) (7 September 2001)

Court

High Courts - Eastern Cape

Case number

CA 1/2001

Judges

J.D. Pickering, M.P. Jennett, R.J.W Jones

The High Court held that the Minister of Defence was not vicariously liable for a military policeman’s fatal shooting because he had abandoned duty and acted privately.

• Vicarious Liability
• Course And Scope Of Employment
• Onus Of Proof
• Deviation Cases
• State Liability
• Vicarious-liability