F v Minister of Safety and Security and Another (4194/2006)
F v Minister of Safety and Security and Another (4194/2006) [2009] ZAWCHC 101; 2009 (2) SACR 639 (WCC) ; 2010 (1) SA 606 (WCC) (26 June 2009)
The court found that Van Wyk, although not on formal duty, was on stand-by duty and in possession of a police vehicle allocated for SAPS purposes. The connection between his wrongful conduct and his employment was sufficiently close: he used the police vehicle to abduct, assault, and rape the plaintiff, and the plaintiff's belief that he was a police officer influenced her acceptance of his assistance. The SAPS code of conduct, mission statement, and constitutional obligations to protect vulnerable persons, especially children, reinforced the public policy considerations supporting vicarious…
Source excerpt
- Vicarious Liability
- Intentional Delict
- Bill Of Rights Protection
- Police Misconduct
- Public Accountability
- Constitutional Damages