MOGOENG J
Wyk is the fact that any member of the public and in particular one who requires
assistance from the police, is entitled to turn to and to repose trust in a police official.
[82] For these reasons the Minister is vicariously liable.
Direct liability
[83] None of the parties raised the issue of the state‘s direct liability. I therefore do
not deal with it.
Absolute liability
[84] The Minister contended that the application of the K test to police officials on
standby duty might give rise to absolute liability. I do not think so. The sufficiently
close connection requirement is adequate to prevent this.
Costs
[85] The applicant is successful and therefore entitled to an order for costs.
Order
[86] In the result, the following order is made:
1.
Condonation is granted.
2.
Leave to appeal is granted.
3.
The appeal is allowed and the order of the Supreme Court of Appeal is
set aside.
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