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South Africa decisions
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S v Ndela and Another (1136/04) [2004] ZAGPHC 15 (26 August 2004)
On automatic review, the High Court confirmed the convictions and sentences of two police officers convicted of theft and clarified the restitution payment term.
Minister Van Veiligheid En Sekuriteit v Phoebus Apollo Aviation BK (113/2001) [2002] ZASCA 60; 2002 (5) SA 475 (SCA) (30 May 2002)
The Supreme Court of Appeal held that the three police detectives acted outside the course and scope of their employment when they stole the money. Their conduct was unauthorized, criminal, and motivated solely by personal gain, with no connection to their official police duties. The use of police identification, vehicle, and apparent authority did not suffice to establish a sufficiently close link to their employment. The court distinguished this case from others where employees acted improperly but within the scope of their duties. Accordingly, the Minister of Safety and Security is not vic…
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