O’REGAN J 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 background 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. [54] In seeking to avoid this conclusion, counsel for the respondent pointed to the fact that the policemen were not permitted to transport ordinary members of the public in their car. It is true that the relevant paragraph of the standing order of the police stipulates that only people who have been injured or who have been stranded (“in die nood is”) may be transported.60 It may well be, however, as counsel for the applicant argued, that the transportation of the applicant if offered in good faith would not have constituted a breach of the standing order. The applicant was after all stranded in a big city at night on her own. She was at risk. [55] Even were the transportation of the applicant to have been in breach of the standing order, however, it is clear that the fact that employees breach a rule of their own employment is not sufficient of itself always to avoid employer liability.61 It 60 Special Force Order 3(A) of 1987, above at para 7. 61 See, for example, ABSA above n 25 per Zulman JA at para 5; Estate van der Byl v Swanepoel above n 28 at 145-6 and 151-2. The rule established in South African Railways and Harbours v Marais 1950 (4) SA 610 (A), and affirmed in Bezuidenhout above n 20 at para 19, that an employer is not liable where a driver, contrary to clear instructions, gives a lift to a friend who is subsequently injured through the negligent driving of the driver is not directly relevant to this case. It is clear that Ms K did not know the policemen and did not accept the lift 37