MOGOENG J [14] While on their way to her home, Mr van Wyk unexpectedly turned off the road near Kraaibos. Ms F attempted to escape again. This time Mr van Wyk was able to prevent her from fleeing. He then assaulted and raped her. Thereafter, he took her to her home. In an attempt to secure her silence, he threatened to harm or even kill her should she report the attack to anybody. [15] Despite these threats, Ms F laid criminal charges against Mr van Wyk. He was convicted of assault and rape and sentenced to undergo 12 years‘ imprisonment, of which five years were suspended. [16] In December 2005, Ms F reached the age of majority. Thereafter she instituted an action for damages against the two respondents in the Western Cape High Court, Cape Town (High Court). In the High Court [17] By agreement between the parties, the merits and the quantum of damages were separated and the High Court was asked to pronounce itself only on the merits. [18] The Court, per Bozalek J,7 found the Minister vicariously liable for the damages suffered by Ms F as a result of Mr van Wyk‘s delictual conduct. It applied the test laid down in K v Minister of Safety and Security8 and held that there was a sufficiently strong link between Mr van Wyk‘s actions and his employer‘s business to justify the 7 F v Minister of Safety and Security and Another 2010 (1) SA 606 (WCC) (High Court judgment). 8 [2005] ZACC 8; 2005 (6) SA 419 (CC); 2005 (9) BCLR 835 (CC) (K). 6