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E S and Another v Minister of Police and Another (10735/2013) [2019] ZAGPJHC 406 (8 August 2019)
The High Court held the Minister of Police was not vicariously liable for an off-duty officer’s fatal shooting after a road-rage collision, and dismissed the plaintiffs’ claims with costs.
Minister of Safety & Security v Booysen (35/2016) [2016] ZASCA 201 (9 December 2016)
The majority held that the Minister of Safety and Security was not vicariously liable for the damages suffered by Ms Booysen. The deceased police reservist, although on duty and in possession of a service firearm, was on a private visit to his girlfriend's home during a meal break and was not performing any official police duties at the time of the shooting. The court found that the connection between the wrongful act and the SAPS's business was insufficient to establish vicarious liability, as the incident was a domestic occurrence unrelated to the deceased's employment. The mere issuance of…
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