Phoebus Apollo Aviation CC v Minister of Safety and Security

The appellant’s controlling member was robbed in November 1998 and a large sum of money stolen. During the investigation, part of the stolen money was traced to the home of the robbers’ father near Tzaneen. Before the investigating officer could secure it, three policemen—who were not involved in the investigation and were stationed elsewhere—travelled in a police vehicle to Tzaneen, falsely claiming to act in their official capacity, and induced the father to hand over the money. They stole it for their own benefit and it was never recovered. The appellant sued the Minister of Safety and Security for damages, alleging vicarious liability for the policemen’s conduct.

The appeal was dismissed. No order as to costs was made.

The case confirms that the Constitutional Court will not entertain appeals that merely challenge the factual application of established common-law principles. It affirms the traditional limits of vicarious liability of the state for criminal acts of police officers acting outside the course and scope of their employment, and clarifies that constitutional provisions do not automatically extend state liability for such acts.