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June 21, 2005

Rape ruling develops principles of vicarious liability

Writing in the Mail & Guardian Online, Women’s Legal Centre attorney, Hayley Galgut, comments that the recent Constitutional Court decision in the matter of a woman gang-r aped by on-duty policemen has emphasised the court’s view that ‘few things can be more important to women than freedom from the threat of sexual violence’. The court made this finding while holding that the Minister of Safety and Security was vicariously liable for damages arising from a lawsuit instituted by the r ape survivor. The court held further that the principles of vicarious liability and its application needed to be developed to accord more fully with the spirit, purport and objects of the Constitution. This conclusion implies that the courts will decide whether a case before it is of the kind that in principle should render the employer liable.
Full report in Mail & Guardian Online (subscribers only)


Supplied courtesy of Legalbrief Today.


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