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Should Post Office be held liable for Uyinene Mrwetyana's death?

5 September 2019 10:32 AM
Tags:
Rape
Post Office
Uyinene Mrwetyana
Advocate Tembeka Ngcukaitobi provides a legal explanation on whether an employee can be held responsible for such a crime.

The man arrested in connection with the disappearance of UCT student Uyinene Mrewetyana charged with murder, rape and defeating the ends of justice, was a Post Office employee.

The question being asked? Can an employer be held liable for a crime committed by its employee?

RELATED: Man charged with rape and murder of UCT student Uyinene Mrwetyana

The accused confessed to bludgeoning Mrewetyana to death with a scale after raping her at the Post Office in Claremont, Cape Town.

Should the Post Office be held liable for his actions?

Bongani Bingwa speaks to UCT law professor advocate Tembeka Ngcukaitobi to give a legal explanation on the matter.

RELATED: Friend of missing UCT student speaks, suspect to appear in court

Ngcukaitobi says the traditional test is, if an employee commits a wrongful act and causes a loss in the scope of their employment, the employer is held vicariously liable.

The question is what happens when they go outside the scope of employment and commit an act that causes loss?

Tembeka Ngcukaitobi, Law professor - UCT

He says the case is stronger because the act of killing happened at the premises of the Post Office.

The crime was perpetrated by an employee of the Post Office, that employee pretended to be offering an official service and from the newspapers, they even lied about the true reason why they really invited her to the post office.

Tembeka Ngcukaitobi, Law professor - UCT

Listen below to the full interview:


This article first appeared on 702 : Should Post Office be held liable for Uyinene Mrwetyana's death?


5 September 2019 10:32 AM
Tags:
Rape
Post Office
Uyinene Mrwetyana

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