South Africa Case Law

Masuku and Another v Mdlalose and Others (436/95)

Masuku and Another v Mdlalose and Others (436/95) [1997] ZASCA 46; 1998 (1) SA 1 (SCA); [1997] 3 All SA 339 (A); (23 May 1997)

Court

Supreme Court of Appeal

Case number

436/95

Judges

Smalberger JA, Nienaber JA, Olivier JA, Scott JA, Streicher AJA

The majority held that the concepts 'in the course and scope of employment' and 'in pursuance of the Act' are not identical. The particulars of claim were, at best, equivocal as to whether the conduct complained of was in pursuance of the Police Act. The defendants, who bore the onus in the special plea, failed to prove that the first defendant's conduct was in pursuance of the Act, and therefore, the notice requirement under section 32(1) did not automatically apply. The special plea was correctly dismissed, and the appeal failed. The minority (Olivier JA) disagreed, holding that the concept…

Source excerpt

• State Liability
• Vicarious Liability
• Limitation Of Actions
• Notice Requirements
• Police Act
• Special Plea