Vicarious liability for intentional delicts - the constitutional factor clinches liability Von Beneke v Minister of Defence 2012 5 SA 225 (GNP); Minister of Defence v Von Beneke (115/12) [2012] ZASCA 158 : regspraak

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 F v Minister of Safety and Security (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 (Minister of Safety and Security v F 2011 3 SA 487 (SCA); on this judgment and its preceding judgments see inter alia Scott Middellike aanspreeklikheid van die staat vir misdadige polisie-optrede: die heilsame ontwikkeling duur voort 2011 TSAR 135; Neethling Vicarious liability of the state for rape by a police official 2011 TSAR 186; Neethling and Potgieter Deliktuele staatsaanspreeklikheid weens polisieverkragting 2012 Litnet Akademies http://litnet.akademies.co.za/Article/deliktuele-staatsaanspreeklikheidweens-polisieverkragting).