Minister of Safety and Security v Msi (273/2018)
Minister of Safety and Security v Msi (273/2018) [2019] ZASCA 26 (28 March 2019)
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…
Source excerpt
- Vicarious Liability
- Deviation Cases
- Assault By Police Officer
- Sufficient Connection Test