ConCourt roped in to decide if minister is liable for shooting of girlfriend by on-duty cop

A police reservist in uniform shot his girlfriend at dinner. Should the minister of police be held liable?

That is the question that must be answered by the Constitutional Court.

Normally, a person is not liable for wrongful deeds committed by another person. But in terms of vicarious liability, an employer can be held liable for the consequences of an employee's wrongful and unlawful conduct.

In this case Johannes Mongo shot and wounded his girlfriend, Elsa Booysen, in 2013.

On the day of the incident Mongo, of Pearston in Eastern Cape, was dropped off by a police vehicle while on duty to have dinner with Booysen.

He had dinner and without warning drew his firearm and shot her in the face, and then himself. Booysen survived.

The police minister was held vicariously liable by the Grahamstown High Court in 2015.

But the Supreme Court of Appeal ruled that the minister was not liable for Mongo's conduct.

"He was on a private visit to his lover's home. He was not there in his capacity as a police officer. He had no official police function to perform," ruled acting Judge of Appeal Tati Makgoka.

In a dissenting judgment, Judge Lebotsang Bosielo said it was a classic case of a police officer, in uniform and on duty, who used a state-issued firearm unlawfully, not to protect the public, but to shoot his victim.

Booysen wants a final ruling - which could pave the way for a damages claim.

The case will be heard in August.