MOGOENG J [24] The minority observed that policy considerations underpin vicarious liability in matters of this kind. These include the employer‘s duty to ensure that no one is injured as a result of the employee‘s improper conduct or negligence in carrying out his or her duties. [25] The test formulated in K was accepted as being applicable to deviation cases.16 The minority would, applying that test, have found for Ms F. Issues [26] There are three preliminary issues and one substantive issue to be addressed. The preliminary issues are: a. Condonation for the late filing of the application for leave to appeal. b. Condonation for the late filing of the Minister‘s written submissions. c. The application for leave to appeal. [27] The substantive issue is whether the state is vicariously liable for damages arising from the rape of a young girl committed by a policeman who was on standby duty. Condonation: leave to appeal [28] It is now trite that condonation will be granted if it is in the interests of justice to do so, and if there appear to be reasonable prospects of success on appeal. Factors 16 See [49] and [50] below. 10