MOGOENG J
[61] These constitutional duties resting upon the state, and more specifically the
police, are significant in that they suggest a normative basis for holding the state liable
for the wrongful conduct of even a policeman on standby duty, provided a sufficiently
close connection can be determined between his misdeed and his employment. This
leads to the discussion of the trust that people are entitled to repose in the police.
Trust
[62] A further factor connecting the wrongful act at issue here with the policeman‘s
employment is trust. This factor operates both normatively, in laying the basis for
holding the state liable for the misdeed of even an off-duty policeman, provided there
is a sufficient connection with his employment, and factually, in that it creates the
connection between the employment and the wrongful conduct.
[63] The police service relies on its individual members to execute its constitutional
mandate to the public. This mandate—
―should quite legitimately and reasonably result in the trust of the police by members
of the community. Where such trust is established, the achievement of the tasks of
the police will be facilitated. In determining whether the Minister is liable in these
circumstances, courts must take account of the importance of the constitutional role
entrusted to the police and the importance of nurturing the confidence and trust of the
community in the police in order to ensure that their role is successfully performed.‖45
45
K above n 8 at para 52.
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