YACOOB J [154] Concerning the relevance of the simultaneous wrongful commission and omission to the evaluation of the sufficiency of the required link, this Court held: ―An employee can at the same time be committing a delict for his or her own purposes, and neglecting to perform his or her duties as an employee and this has been recognised by our courts, at the very least by Watermeyer CJ in Feldman. In this case it is clear that the delict for which the applicant seeks to hold the respondent liable is the rape by the three policemen. That rape was clearly a deviation from their duties. However when committing the rape, the three policemen were simultaneously omitting to perform their duties as policemen.‖7 And ―The question of the simultaneous omission and commission . . . [is] relevant to determining the question of vicarious liability. In particular, it will be relevant to answering the . . . question . . . [whether there was] a sufficiently close connection between that delict and the purposes and business of the employer.‖8 The case before this Court [155] In this case, as in K, the question whether Mr van Wyk, the detective sergeant concerned, was subjectively on duty must be answered in the negative. A significant difference between this case and K is that there the policemen concerned were on duty immediately before the rape was committed, but the deviation occurred only when the rape was committed and the omission simultaneously perpetrated. Here, Mr van Wyk had not been on duty, either subjectively or objectively, for at least four hours preceding the rape. There has been a tendency to describe Mr van Wyk‘s position 7 Id at para 48. 8 Id at para 49. 63