In their court application in April 2022, the Madonsela family said Bhengu was an employee of Xcellent who had a contract with DUT to provide security services. That meant that Bhengu was either acting as an employee or agent of the university, and both the security company and DUT Bhengu’s principal, meaning there is a case of vicarious liability to answer by all three defendants
The family also claimed to have suffered impaired mental health and said they need professional psychotherapy sessions. Dismissing the vicarious liability claim, the university said Bhengu was neither an employee nor agent for DUT. It argued the alleged contract with Xcellent security did not provide a legal basis for the conclusion “related to agency”, as pleaded by the plaintiffs.
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Family of slain DUT student go after security company and universityThe family of slain Durban University of Technology student Mlungisi Madonsela will have to adjust their claims if they want to sue the university for his death.
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