Minister of Safety and Security v Jordaan

The respondent sued the Minister of Safety and Security for damages arising from a motor vehicle collision on 5 February 1995 on the N1 near Kraaifontein. A police vehicle driven by Detective Sergeant Madden crossed the median and collided with another vehicle, killing Madden and his passenger. The respondent alleged that Madden was acting within the course and scope of his employment at the time. Madden was on stand-by duty and had been instructed to obtain a statement from a doctor in Franschhoek as part of a police investigation. On the same day, contrary to express instructions, he transported two police trainees to Paarl in the police vehicle. After dropping them off, the collision occurred later that evening. The key dispute was whether Madden was acting within the course and scope of his employment at the time of the accident.

The appeal was dismissed with costs, and the finding that the Minister was vicariously liable was upheld.

The case is significant for its application of South African principles of vicarious liability, particularly in deviation cases involving police officers. It clarifies that unauthorised conduct does not automatically remove an employee from the course and scope of employment, and that liability depends on the degree of deviation and whether the employee had resumed the employer’s business.