MOGOENG J Parties [5] The applicant is Ms F. She was 13 years old at the time of the delictual act that gave rise to this litigation, and has since reached the age of majority. [6] The first respondent is the Minister. The second respondent is Mr Allister Claude van Wyk, who was employed as a policeman by the South African Police Service5 (police service) at the time of the attack on Ms F. [7] Three amici curiae were admitted. The first is the Institute for Security Studies, the second is the Institute for Accountability in Southern Africa Trust and the third is the Trustees of the Women‘s Legal Centre. Background [8] Ms F went to a nightclub in George on 14 October 1998. In the early hours of 15 October 1998, she needed, and was offered, a lift home by Mr van Wyk, which she accepted. There were two other passengers in the vehicle. One of them was known to her. [9] At the time, Mr van Wyk was on standby duty.6 This means that he could, at any time of that night, have been called upon to attend to any crime-related incident if 5 Established under section 5 of the South African Police Service Act 68 of 1995 (SAPS Act). 6 Standing order 6 issued by the National Commissioner, South African Police Service in June 1997, which was in force at the time, provided as follows: 3