Booysen v Minister of Safety and Security (2915/2013)
Booysen v Minister of Safety and Security (2915/2013) [2015] ZAECGHC 56 (15 May 2015)
The court found that the defendant is vicariously liable for the delict committed by Mongo. Mongo was on duty, in uniform, and armed with a police-issued firearm, which he used to shoot the plaintiff. The connection between Mongo's employment and the wrongful act was sufficiently close, particularly given the use of the firearm and the circumstances of his duty. The court considered the State's constitutional obligations, the risk created by arming police officials, and the precedents in deviation cases. The absence of foreseeability or a specific trust relationship did not preclude liability…
Source excerpt
- Vicarious Liability
- Police Liability
- Course And Scope Of Employment
- Use Of Firearm
- Deviation Cases