FRONEMAN J between the parties, but the facts upon which Ms F relies. If these facts also ground an action in direct liability against the Minister, without the Minister being prejudiced by the form of the pleadings65 or any subsequent broadening of the issues during the course of the trial,66 then there is no substantive reason why the case should not be determined on the basis of direct liability. [129] A close examination of the applicant‘s particulars of claim shows sufficient averments that, if established, would ground direct liability. In particular, in her combined summons Ms F averred that Mr van Wyk was on duty or on standby duty. She averred that he used a police vehicle in order to drive Ms F around and eventually assault and rape her. Ms F‘s reply to the Minister‘s request for trial particulars emphasised that Mr van Wyk was under the command of a police captain, that he used a police vehicle to transport Ms F to the place where he raped her and that the Minister allowed the use of the vehicle without complaint, as evidenced by the refuelling of the vehicle at state expense. [130] The applicant also alleged that the factual and legal grounds upon which the Minister was liable included: that Mr van Wyk had been found guilty and sentenced on charges of assault with intent to do grievous bodily harm, negligent discharge of a firearm, the use of a firearm whilst under the influence of liquor and assault; that the 65 In Robinson v Randfontein Estates GM Co Ltd 1925 AD 173 at 198, Innes CJ held that ―[t]he object of pleading is to define the issues; and parties will be kept strictly to their pleas where any departure would cause prejudice or would prevent full enquiry. But within those limits the Court has a wide discretion. For pleadings are made for the Court, not the Court for pleadings.‖ See also Barkhuizen v Napier [2007] ZACC 5; 2007 (5) SA 323 (CC); 2007 (7) BCLR 691 (CC) at paras 37-42. 66 Shill v Milner 1937 AD 101 at 105 and Bank of Lisbon and South Africa Ltd v The Master and Others 1987 (1) SA 276 (A) at 290. 53