n Tydskrif vir die Suid-Afrikaanse Reg - Vicarious liability for intentional delicts - the constitutional factor clinches liability
2012 5 SA 225 (GNP);
(115/12) [2012] ZASCA 158 : regspraak

Volume 2013, Issue 2
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The law of delict has recently (hopefully) seen the conclusion of the saga surrounding the determination of the true juristic basis of an employer's liability for intentional wrongs committed by an employee during the performance of his or her duties as an employee - particularly in the field of state liability. It was finally settled in the majority judgment in (2012 1 SA 536 (CC)) that vicarious liability is the true foundation of this type of liability, despite strong contrary opinion in this regard (the latter being reflected in the judgment of one of the concurring judges in that case, Froneman J, as well as in the preceding majority judgment of the supreme court of appeal ( 2011 3 SA 487 (SCA); on this judgment and its preceding judgments see Scott "Middellike aanspreeklikheid van die staat vir misdadige polisie-optrede: die heilsame ontwikkeling duur voort" 2011 135; Neethling "Vicarious liability of the state for rape by a police official" 2011 186; Neethling and Potgieter "Deliktuele staatsaanspreeklikheid weens polisieverkragting" 2012 http://litnet.akademies.co.za/Article/deliktuele-staatsaanspreeklikheidweens-polisieverkragting).

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error