MOGOENG J connection between his delictual conduct and his employment. This I address later in this judgment. The interplay between the commission and the omission [69] The Supreme Court of Appeal dealt with the significance of the simultaneous commission and omission in the determination of the employer‘s vicarious liability. It is therefore necessary that this matter be addressed. The majority held that vicarious liability cannot be imposed on the state for the rape committed by its employee. It can only be held vicariously liable for the omission of a policeman who was on duty and therefore under an obligation to protect the victim who was harmed in his presence. [70] The role of a police official‘s commission of a delictual act and the failure to prevent it were addressed in K. After dealing with the policemen and their employer‘s general duty to protect the public, the policemen‘s offer to assist the rape victim and the trust that moved the victim to accept the offer, the following was added as the third ground for holding the state liable: ―Thirdly, the conduct of the policemen which caused harm constituted a simultaneous commission and omission. The commission lay in their brutal rape of the applicant. Their simultaneous omission lay in their failing while on duty to protect her from harm, something which they bore a general duty to do, and a special duty on the facts of this case. In my view, these three inter-related factors make it plain that viewed against the backdrop of our Constitution, and, in particular, the constitutional rights of the applicant and the constitutional obligations of the respondent, the connection between the conduct of the policemen and their employment was sufficiently close to render the respondent liable.‖48 48 K above n 8 at para 53. 27