State liable for actions of off-duty police officer – ConCourt

Allister Luiters was left tetraplegic after an off-duty officer shot him in 1995. The Cape High Court would have to determine the amount of compensation. Chief Justice Pius Langa dismissed an application by the Minister of Safety and Security to appeal against a Supreme Court of Appeal ruling that held the Minister liable for the injuries caused by the off-duty policeman. There was no reason, the Constitutional Court found, why off-duty police officers who had placed themselves on duty, should be subject to a different level of scrutiny than on-duty officers. The Minister was thus ‘vicariously liable’ for the actions of Constable Lionel Siljeur. The court also expressed regret that, more than 10 years after the incident Luiters had still not received any compensation. ‘Delay in litigation is deeply undesirable and it is important for courts to investigate significant delays where possible,’ Langa said. Judgment (PDF file)