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For the applicant: W Trengove SC and K Pillay instructed by Women’s Legal Centre, Cape Town. For the respondent: PF Louw SC and JA Babamia instructed by the State Attorney, Johannesburg.

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N K v MINISTER OF SAFETY AND SECURITY, 2005

Cases

Country

Latitude: -31.005484474142992

Longitude: 23.460146846172638

Country (linked Cases): South Africa

Court location: South Africa: Johannesburg

Court: South Africa: Constitutional Court, South Africa

Date of judgement: Jun 13, 2005

Keywords

Gang rape
Police
Rape
Right to dignity
Sexual assault
Sexual offences

Gender of victim

Female: Woman (18+)

Gender of accused/perpetrator

Male: Man (18+)

Language: English

Summary: This case concerns a lady – Ms. K – who was raped by three uniformed on duty policemen. Ms. K, was looking for a telephone to call home when she met the police officers at 4am. They offered her a list home in which she accepted. After this, the police officers took her to a deserted place, raped and abandoned her. The three policemen were convicted of rape and kidnapping, and sentenced to life in prison by the Johannesburg high court.

The applicant argues that the employer (Minister) of the police officers is liable for the crime. The court found that the actions of the policemen fell outside the scope of their employment thus meaning the minister couldn’t be held accountable.

The main issue in this case is whether the Minister is liable to pay damages for the actions of the policemen. The court held that the Minister is liable and upholds the appeal with costs. The judge O’Regan stated that there existed a sufficiently close relationship between the policemen’s employment and the wrongful conduct. The judge emphasizes that the constitution mandates members of the police to protect community members, and that this mandate should be performed efficiently.

The court holds that in these circumstances the Minister is liable to pay damages to the applicant for the wrongful conduct of the policemen and refers the matter back to the high court for the amount to be determined by the court.

Primary Documents

K v Minister of Safety and Security - Vicarious liability for sexual abuse of children.pdf
English
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N K v MINISTER OF SAFETY AND SECURITY, 2005

Primary Documents

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