DRS Pierre Van Drimmelen & Partners v Gowar and Others

Two motor vehicle collisions occurred on 29 December 1994 on the N1 highway. Mr Du Randt, an employee of DRS Pierre Van Drimmelen & Partners, was driving a company-owned vehicle in which the first respondent, his girlfriend, was a passenger. After working hours, Du Randt had fetched the first respondent, attended briefly to a work-related machine problem at a hospital, and was then travelling to his home in Pretoria for personal reasons when the collisions occurred. The respondents sued the employer, alleging that Du Randt was acting within the course and scope of his employment, rendering the employer vicariously liable for his negligence. The High Court found in favour of the respondents, and the employer appealed.

The appeal was upheld. The orders of the court a quo were set aside and replaced with a declaration that Du Randt was not acting within the course and scope of his employment at the time of the collisions. The respondents were ordered to pay the appellant’s costs, including the costs of appeal.

The case is significant for clarifying the limits of vicarious liability in South African law, particularly where an employee’s conduct involves a mix of personal activities and potential future work-related consequences. It reinforces a fact-specific and policy-driven approach to determining scope of employment.