O’REGAN J the case, the Court accordingly concluded that the matter did not raise a constitutional issue and dismissed the appeal. In doing so, Kriegler J on behalf of a unanimous court made the following remarks upon which the respondent relied ─ “It is not suggested that in determining the question of vicarious liability the SCA applied any principle which is inconsistent with the Constitution. Nor is there any suggestion that any such principle needs to be adapted or evolved to bring it into harmony with the spirit, purport or objects of the Bill of Rights. On the contrary, counsel for the appellant expressly conceded that the common-law test for vicarious liability, as it stands, is consistent with the Constitution. It has long been accepted that the application of this test to the facts of a particular case is not a question of law but one of fact, pure and simple. The thrust of the argument presented on behalf of the appellant was essentially that though the SCA has set the correct test, it had applied that test incorrectly ─ which is of course not ordinarily a constitutional issue. This Court’s jurisdiction is confined to constitutional matters and issues connected with decisions on constitutional matters. It is not for it to agree or disagree with the manner in which the SCA applied a constitutionally acceptable common-law test to the facts of the present case.”6 (footnotes omitted) [14] In this case, however, both before this Court and the Supreme Court of Appeal, counsel for the applicant have contended that if, on a proper application of the ordinary common-law rule of vicarious liability, the state is not liable for the applicant’s damages, then that rule should be developed. In developing the rule, the argument goes, the Court should consider the applicant’s constitutional right to freedom and security of the person, and in particular, the right to be free from all forms of violence from either public or private sources7 as well as her right to dignity,8 6 Id at para 9. 7 Section 12 of the Constitution─ “(1) Everyone has the right to freedom and security of the person, which includes the right─ 8