YACOOB J
important distinction between K and this case is that here Mr van Wyk did not offer a
lift to Ms F, and even if he did, he did not do so in his capacity as a police officer.
There was no official police promise of safe carriage. Indeed, he behaved foolishly
again by pretending not to recognise her and asking her what she was doing in that
dark place. A far cry from the conduct of a policeman who even if not in uniform
assures someone that he is a policeman, that she will be safe with him and that he as a
policeman will do his duty and take her home.
[170] The next factor that must be considered is whether, like in K, there was a
reasonable basis for Ms F to repose her trust in him by reason of the car, the dockets
and his statement that he was a private detective. Even if Ms F thought that Mr van
Wyk was a policeman, she could never have thought that he was doing official duty.
This is because she must have known that he was in the nightclub for purposes of
personal pleasure and nothing else. She also knew that he had consumed so much
liquor that in her view Mr van Wyk was under the influence of liquor.15 Mr van Wyk
then, unlike a reliable policeman, acted sufficiently suspiciously by stopping the
vehicle in the pitch dark, to warrant her getting out of the motor vehicle and hiding.
We must remember that Ms F, at this stage, had all the information that may have led
her to trust Mr van Wyk as a policeman. He had already behaved inconsistently with
that office and, in my view, continued to do so. When he spoke to her after she came
out of hiding, he lied, pretending that he did not know who she was and what she was
15
In paragraph 10 of her statement to the police she said the following referring to Mr van Wyk ―[h]y was onder
die invloed.‖
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