O’REGAN J least, therefore, the principles of vicarious liability and their application needs to be developed to accord more fully with the spirit, purport and objects of the Constitution. This conclusion, however, should not be misunderstood to mean anything more than that the existing principles of common-law vicarious liability must be understood and applied within the normative framework of our Constitution, and the social and economic purposes which they seek to pursue. Nor does this conclusion mean that an employer will be saddled with damages simply because injuries might be horrendous. Rather, it implies that the courts, bearing in mind the values the Constitution seeks to promote, will decide whether the case before it is of the kind which in principle should render the employer liable. Whether the principles of vicarious liability themselves, as currently applied by the courts, require development beyond an acceptance of the normative character of their provenance and application will be considered later. I turn now to consider the existing principles of vicarious liability. The common-law principles of vicarious liability [24] The general principle of vicarious liability holds an employer responsible for the wrongs committed by an employee during the course of employment. The courts have held that as long as the employee is acting “within the course and scope of his or her duty”28 or is “engaged with the affairs of his master” that the employer will be and all organs of state within each sphere to provide effective, transparent, accountable and coherent government. See Rail Commuters Action Group and Others v Transnet Ltd t/a Metrorail and Others 2005 (2) SA 359 (CC); 2005 (4) BCLR 301 (CC) at paras 74-78. 28 See, for example, Jordaan v Bloemfontein Transitional Local Authority and Another 2004 (3) SA 371 (SCA) at para 3; Bezuidenhout above n 20 at para 3; Minister Van Veiligheid en Sekuriteit v Phoebus Apollo Aviation BK 2002 (5) SA 475 (SCA) at para 5; Govender v Minister of Safety and Security 2001 (4) SA 273 (SCA) at para 3; Ess Kay above n 24 at para 7; ABSA above n 25 per Zulman JA at para 5; Minister of Safety and Security v Jordaan t/a Andre Jordaan Transport 2000 (4) SA 21 (SCA) at para 5; Sea Harvest Corporation (Pty) Ltd and 18

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