Minister of Police v Underwriters at Lloyds of London (1212/2019) [2021] ZASCA 72 (8 June 2021)

Delict – claim against Minister by insurance underwriters on
ceded claim – involvement of members of police in robbery of company
providing security and cash management services to banks – employee of
company conspiring with robbers – proposed amendment of plea to introduce
defence based on principles of ex turpi causa non oritur actio and in pari
delicto potior est conditio defenditis alternatively common law principle of
illegality – availability of proposed defence – respondent alleged to be
vicariously liable for conduct of employee – no basis to attribute fault to
respondent to found participation in illegal conduct – proposed amendment
rendering plea excipiable - position of concurrent and joint wrongdoers
discussed––appeal dismissed