O’REGAN J and this has been recognised by our courts, at the very least by Watermeyer CJ in Feldman. In this case it is clear that the delict for which the applicant seeks to hold the respondent liable is the rape by the three policemen. That rape was clearly a deviation from their duties. However when committing the rape, the three policemen were simultaneously omitting to perform their duties as policemen. [49] The question of the simultaneous omission and commission may be relevant to wrongfulness in a particular case, but it will also be relevant to determining the question of vicarious liability. In particular, it will be relevant to answering the second question set in Rabie: was there a sufficiently close connection between that delict and the purposes and business of the employer? [50] It is necessary now to apply the test set in Rabie, adapted in the light of the preceding discussion, to the facts of this case. As to the first leg of the test, it is clear that the three policemen did not rape the applicant upon the instructions of the respondent. Nor did they further the respondent’s purposes or obligations when they did so. They were indeed, subjectively viewed, acting in pursuit entirely of their own objectives and not those of their employer. That conclusion is not the end of the matter. [51] The next question that arises is whether, albeit that the policemen were pursuing their own purposes when they raped the applicant, their conduct was sufficiently close to their employer’s business to render the respondent liable. In this 35