“The High Court’s determination of the element of wrongfulness was flawed. It did not consider whether it was reasonable, in the circumstances of this case, to impose liability on the SAPS for the harm by by [the applicant]….To impose liability would make it difficult for the police to conduct their investigations in the future and would expose them to the potential risk of civil litigation in every case where any rescue search or their investigations are negligent, even to the slightest degree, and a successful arrest and conviction of the perpetrators of serious crimes do not ensue.”[3]