The MEC for Department of Public Works (Eastern Cape) v Thamsanqa Faltein

The respondent, an employee of the Eastern Cape Department of Public Works, was seriously injured in a motor vehicle collision on 16 November 1996 while travelling as a passenger in a departmental bus to return from a colleague’s funeral. The bus was owned by the department. The driver at the time of the accident, Mr Belwana, was also an employee of the department employed as a driver, but he had not been formally authorised by management to drive on that specific journey. The authorised driver, Mr Magadla, had been given written authority but allowed Belwana to take over the driving after the funeral. The respondent sued the MEC for damages on the basis that the accident was caused by Belwana’s negligent driving while acting in the course and scope of his employment. The MEC denied liability, contending that the bus was used under a private arrangement, that the driver was not acting in the course and scope of employment, and that liability was excluded by indemnity and by section 40 of the Public Service Act 1994.

The appeal was dismissed with costs.

The case is significant for South African delict law as it clarifies that an employee may act within the course and scope of employment even without specific authority for a particular act, provided the act furthers the employer’s business and remains subject to the employer’s control. It also provides authoritative interpretation of section 40 of the Public Service Act 1994, confirming that conveyance undertaken in the interest of maintaining effective labour relations can fall within the statutory limitation of State liability.