The question of whether the Minister of Police can be held vicariously liable for a reservist in uniform who shot his girlfriend at dinner is to be heard by the Constitutional Court in August, according to a TimesLIVE report. Twice before the court has dealt with police criminality. In 2005 it held that the Minister was vicariously liable for the actions of three on-duty policemen who raped a stranded 20-year-old woman. And in 2011 the Minister was held vicariously liable for damages after the brutal rape of a 13-year-old by a policeman on standby duty.

In the latest case‚ Johannes Mbongo shot and wounded his girlfriend‚ Elsa Booysen‚ in 2013. He then killed himself. The Police Minister was held vicariously liable by the Eastern Cape High Court (Grahamstown) in 2015, but the SCA overturned that decision. ‘He was on a private visit to his lover’s home to have supper. He was not there in his capacity as a police officer. Simply put‚ he had no official police function to perform‚’ ruled Acting Judge of Appeal Tati Makgoka. Booysen wants a final ruling – which could pave the way for a damages claim.

Full TimesLIVE report