Minister of Safety and Security v Luiters

An off-duty South African Police Service constable, Lionel Siljeur, pursued persons who had allegedly attempted to rob him. During the pursuit he fired his service pistol in a residential street in Eerste River and shot the respondent, Allister Roy Luiters, an innocent third party fleeing the scene. Luiters was shot twice from behind and rendered a tetraplegic. Luiters sued the Minister of Safety and Security for damages, alleging vicarious liability. The High Court found that although Siljeur was officially off-duty, he was acting within the course and scope of his employment when the shooting occurred.

The appeal was dismissed with costs. The Minister of Safety and Security was held vicariously liable for the shooting.

The case is a leading authority on vicarious liability of the State for wrongful acts committed by off-duty police officers. It confirms that the State may be liable where an officer, even while off-duty and acting unlawfully, purports to exercise police powers and there is a sufficiently close connection between the conduct and official duties.