Booysen v Minister of Safety and Security (2915/2013) [2015] ZAECGHC 56 (15 May 2015) per Plasket J.
The High Court confirmed that the Minister was vicariously liable for whatever damages Booysen may in due course prove arising from being shot. Booysen instituted a damages claim against the Minister arising from a tragic event that occurred at her home on the evening of 22 March 2013 when her boyfriend shot her in the face before turning his firearm on himself and taking his own life. The boyfriend was, at all material times, a reservist with the rank of constable in the employ of the South African Police Service (SAPS) and he was on duty working night shift on 22 March 2013, dressed in a SAPS uniform and armed with a 9mm Parabellum semi-automatic pistol issued to him by the shift commander at the commencement of his shift. He had been assigned crime prevention duties and was required to attend to complaints made by members of the public. He was dropped off by a marked police vehicle at the home to have dinner and the police vehicle would return and collect him, and he would continue with his duties.