Booysen v Minister of Safety and Security (2915/2013) [2015] ZAECGHC 56 (15 May 2015) per Plasket J.
The High Court pointed out that vicarious liability for a delict committed by employees usually depends on whether they were acting within the course and scope of their employment. But this formulation is not always helpful because very often the Court deals with questions of degree when there are deviations from the duties entrusted to employees. The obligation of the State, particularly of the SAPS, is to protect the public. The reservist was on duty and in uniform. The act in shooting the plaintiff was both a crime and a delict and an omission to protect the plaintiff.