Kariega Park Limited v D and Others (CA 252/2017)
Kariega Park Limited v D and Others (CA 252/2017) [2018] ZAECGHC 102 (12 October 2018)
The court found that the regional magistrate erred in his approach to pleadings and evaluation of evidence, overemphasising formalistic requirements and failing to properly assess the substance of the respondents' viva voce evidence. The respondents provided credible and detailed accounts of being subjected to intrusive body searches, which the court accepted as true on a balance of probabilities. The conduct of the appellant's catering manager constituted wrongful sexual violation, for which the appellant is vicariously liable. The impairment of dignity suffered by the respondents was aggrav…
Source excerpt
- Vicarious Liability
- Sexual Violation
- Impairment Of Dignity
- Quantum Of Damages
- Pleadings And Evidence
- Costs Award