Case name:
Minister of Safety and Security v F 2011 (3) SA 487 (SCA)       

Area of law:
Delict: Vicarious liability for unlawful activities of an off-duty police officer

Brief facts/summary: 
A detective (“V”) in the South African Police Service (“SAPS”), while off duty but on ‘standby’, raped the Respondent, F, a minor of 13 (Thirteen) years. As the detective was not on duty at the time, V was not wearing a police uniform, although he was driving an unmarked police vehicle contrary to SAPS regulations.

The High Court held that the state was vicariously liable for the unlawful consequences of V’s actions. The case then went on appeal to the Supreme Court of Appeal (“SCA”).

The appeal was upheld, where Nugent JA (Snyders JA and R Pillay AJA concurring) held that the ‘standby duty’ V was doing at the time of the unlawful act was precisely what the language conveyed, namely that he was off duty until called to resume duty. V was not engaged in police business at the relevant time, with the result that his unauthorised use of his employer’s unmarked vehicle was not relevant to establish vicarious liability.

Importance/value:
This case clearly limits the scope to which the Minister of Safety and Security can be held vicariously liable for the unlawful acts of SAPS Officers to only those acts performed whilst the respective officer was ‘on duty’. The fact that an officer was utilising the employer’s vehicle in an unauthorised manner will have no bearing on the question of vicarious liability.

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