Question $5(24$

Read the extract below and answer the question$($s$)$ that follow:

A police officer on duty assaulted and violently raped Zahara when she was $15$ years old. At the time of the attack, the officer was on night duty and the assault took place in the back of the police van. Zahara is currently dealing with Post Traumatic Stress Disorder. Zahara believes that the Minister of Safety and Security is vicariously responsible for the actions of the police officer.

Required:

$5\mathrm{.}1.$ Define a delict in terms of its narrow definition. $(1$ marks$)$

$5\mathrm{.}2.$ Define vicarious liability. $(3$ marks$)$

$5\mathrm{.}3.$ Determine whether the Minister is delictually liable for the actions of the police officer. $(20$ marks$)$

Note to students:

Students will receive a maximum of $(11)$ marks for identifying and explaining the elements of a delict.

Students will receive a maximum of $(9)$ marks for applying the relevant facts of the scenario to the relevant requirements.

State whether a delict has occurred or a delict has not occurred.

Conclude by stating whether the Minister can be held delictually liable or not.