n South African Law Journal - The confusion of K

Volume 126, Issue 1
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The question in K was whether the Minister of Safety and Security was vicariously liable for rapes committed upon Ms K by three policemen in his employ. The Supreme Court of Appeal decided that he was not. The Constitutional Court decided that he was and that it was entitled to set aside the Supreme Court of Appeal's contrary decision.

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