NATASHA KERN/THE MINISTER OF SAFETY AND SECURITY

From : The Registrar, Supreme Court of Appeal

Please note that the media summary is for the benefit of the media and does not form part of the judgment of the Supreme Court of Appeal

The SCA has dismissed an appeal against a judgment of the Johannesburg High Court in which it was held that a young woman who had been raped by three policemen was not entitled to recover damages from the Minister of Safety and Security. The three policemen had undertaken to take the young woman home in the early hours of the morning after she had had a disagreement with her male companion at a place of entertainment. On the way the vehicle driven by one of the policemen turned off to a secluded spot where all three policemen raped her. They were subsequently sentenced to life imprisonment for the rape. The issue in the appeal was whether in behaving as they did it could be said that the policemen were acting in the course and scope of their employment so as to render the Minister vicariously liable. The SCA answered the question in the negative. It noted that while ideally all the victims of rape should be entitled to compensation, this was a matter for the legislature and was beyond the jurisdiction of the court.