YACOOB J ascertained by first looking at the countervailing factors and conducting a balancing exercise. [168] The first factor to consider is that Mr van Wyk was off duty. Immediately before he raped Ms F, he had been engaged in activities that had nothing to do with his job. He had been decidedly on a frolic of his own since 20:00 on the evening of 14 October. He went home for two hours and there is nothing to suggest that any activity he engaged in there was even remotely connected with his work. He then used the official car allocated to him for work purposes to go to a nightclub. There he most certainly did not do his duty. He did nothing even remotely connected with his work. He drank beer and watched people dancing for about two hours. When Mr van Wyk first decided to give Ms F a ride home, he was admittedly doing nothing to further his employer‘s ends. Indeed, in doing so, he continued to use the official car improperly and to continue his own jaunt. Moreover by that time, he had not yet told her he was a private detective and the fact that he was a policeman had nothing to do with her decision to board the car in the first place. She did this because she knew one of the people with Mr van Wyk. [169] From then until he committed the rape, the only conduct attributable to him which might point to the existence of the link was his untruthful statement that he was a private detective. He parked the car in a dark place and behaved suspiciously, went on ahead after Ms F had sprung out of the car, came back to the point where Ms F was, agreed to give her a lift once more and then assaulted and raped her. An 69