Should Post Office be held liable for Uyinene Mrwetyana's death?
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?
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.
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?
Almost 38 years after his death, a fresh investigation into the death of anti-apartheid activist Neil Aggett has been opened.Read More
The lesbian couple has launched a case with the SA Human Rights Commission after the venue refused to host their wedding.Read More
"… we are definitely going to participate in the 2021 local government elections...," says former Joburg mayor Herman Mashaba.Read More
She allegedly did it without President Cyril Ramaphosa’s permission, as required by the Ministerial Handbook.Read More
WEF is just a new version of the same speeches every year with little imagination coming from the podium, says Refilwe Moloto.Read More
The political analyst discusses pressure on the Public Enterprises minister and the president amid crucial weekend ANC meetings.Read More
Fedsas CEO Paul Colditz argues against a proposed amendment to reduce role of SGBs in appointing principals, deputies, dept heads.Read More
Kagiso Rabada can't be faulted for what he did in the SA vs England Test series, says sports journo Stuart Hess.Read More
The DA's Helen Zille confirms that she's been engaged in discussions with UDM leader Bantu Holomisa after a recent trip to Germany.Read More
We’re starting to see capitulation [by companies giving up on the economy recovering], says Nedbank Chief Economist Dennis Dykes.Read More