MOGOENG J application for condonation. Accordingly, I would grant condonation for the late filing of the Minister‘s submissions. I would do so mindful of the explanation given for the delay and the unacceptable conduct of the Minister‘s legal representatives in this regard. Application for leave to appeal [35] The requirements for granting leave to appeal to this Court are that the application must raise a constitutional issue and that it must be in the interests of justice to grant leave. Factors to be considered in determining whether it would be in the interests of justice to grant leave to appeal include the public interest in the matter, the importance of the constitutional issue raised and the prospects of success. [36] The right of a citizen to be protected by the state, and the claim for damages based on the state‘s alleged antecedent liability for the delictual conduct of its employees, implicate sections 7(2), 12(1), 28 and 205 of the Constitution. The Constitution also enjoins courts to develop the common law, including the delictual principle of vicarious liability, in accordance with ―the spirit, purport and objects of the Bill of Rights.‖20 This matter therefore raises constitutional issues of importance. 20 Section 39(2) of the Constitution. The importance of this section is highlighted in Carmichele v Minister of Safety and Security and Another (Centre for Applied Legal Studies Intervening) [2001] ZACC 22; 2001 (4) SA 938 (CC); 2001 (10) BCLR 995 (CC) (Carmichele) at para 54 and in K above n 8 at paras 15-7. 13