In October 1995 the respondent, Allister Roy Luiters, was shot and permanently paralysed by Constable Lionel Siljeur, a member of the South African Police Service who was off duty at the time. Siljeur used his service firearm and told witnesses he was looking for robbers whom he intended to arrest. He shot at Luiters and others in Jacaranda Street, Eersterivier, and later fled and failed to report the discharge of his firearm as required by police standing orders. Siljeur was later convicted on multiple counts of attempted murder. Luiters instituted a civil claim against the Minister of Safety and Security for damages based on vicarious liability. The High Court and Supreme Court of Appeal both held the Minister vicariously liable on the basis that Siljeur, although off duty, had placed himself on duty and acted as a police officer. The Minister sought leave to appeal to the Constitutional Court.