MOGOENG J Wyk is the fact that any member of the public and in particular one who requires assistance from the police, is entitled to turn to and to repose trust in a police official. [82] For these reasons the Minister is vicariously liable. Direct liability [83] None of the parties raised the issue of the state‘s direct liability. I therefore do not deal with it. Absolute liability [84] The Minister contended that the application of the K test to police officials on standby duty might give rise to absolute liability. I do not think so. The sufficiently close connection requirement is adequate to prevent this. Costs [85] The applicant is successful and therefore entitled to an order for costs. Order [86] In the result, the following order is made: 1. Condonation is granted. 2. Leave to appeal is granted. 3. The appeal is allowed and the order of the Supreme Court of Appeal is set aside. 32

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