R.M v Mokgethi and Another (393/2015)
R.M v Mokgethi and Another (393/2015) [2018] ZANWHC 86; 2019 (1) SACR 511 (NWM) (15 November 2018)
The court found that the deceased police officer was off duty at the time of the assault and rape, and his conduct was for his own purposes, not in the course and scope of employment. Although the plaintiff trusted the officer due to his position and uniform, the facts did not establish a sufficiently close connection between the wrongful act and the employment to render the Minister of Police vicariously liable. The plaintiff was not a vulnerable person seeking protection, and the officer's employment did not facilitate the abuse of trust in a manner that would justify state liability. The c…
Source excerpt
- Vicarious Liability
- Rape
- Assault
- Course And Scope Of Employment
- Constitutional Rights
- Transmissibility Of Non Patrimonial Claims