O’REGAN J was laid and the three policemen were arrested, charged and convicted of rape and kidnapping on 25 May 2000 in the Johannesburg High Court. They were sentenced to life imprisonment for rape and ten years’ imprisonment for kidnapping. They are still serving their sentences. [7] It was admitted by the Minister that as policemen who were on duty, the three policemen had a general duty to ensure the safety of members of the public and to prevent crime. It was also accepted by both parties that the three policemen were aware of the provisions of section 10(1) of Special Force Order 3(A) of 1987 of the South African Police Services which prohibits the transport of unauthorised passengers in police vehicles. According to the standing order, the following passengers may be transported: persons who have been arrested; awaiting trial prisoners; sentenced prisoners; state witnesses; defence witnesses in certain circumstances; and people who, in the interests of the state, are assisting the police to carry out their official duties such as doctors.1 According to the standing order, there is a further category of persons who may be transported ─ “(aa) where a policeman encounters a collision or breakdown and there are persons who have sustained injuries or who are stranded,2 he may, if necessary, use the government-owned vehicle to convey the injured, who may safely be moved together with their private property, free of charge, to a hospital or doctor on his authorised route, or to convey the persons who are stranded and their private property, free of charge, to an hotel or other place on his authorised route. 1 See subsections 10(1)(c)(i)-(vi) of the Special Force Order, SFO3A/87/10. 2 This is the term used in the official English version. The Afrikaans version, included in the agreed statement of facts, reads “in die nood is”. 4