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ARTICLE · 21 OCTOBER 2019

The Net That Is Vicarious Liability Widens? Stallion Security (Pty) Ltd v Van Staden

This case addresses whether employers can be held liable vicariously for harm caused by their employees even when they are engaged on endeavours of their own and not discharging their duties.

South AfricaLitigation, Mediation & Arbitration

The respondent in this appeal, van Staden, as plaintiff, instituted action against the appellant, Stallion Security, as defendant, in the South Gauteng Division of the High Court. She claimed for loss of support resulting from the murder of her husband by a former employee of Stallion Security, one Ronald Mkhululi Khumalo. Van Staden claimed that Stallion Security was vicariously liable for the wrongful murder of her husband committed by Khumalo and consequently, her loss of financial support from him.

Facts

Stallion Security had been contracted to provide access control to Bidvest Panalpina Logistics (Pty) Ltd's premises. A biometric security system controlled entry into and out of the premises and recorded all such activity. Stallion Security's guards had no access into the premises save for its site supervisor and site manager.

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