The Gauteng High Court, Pretoria has dismissed a claim against the MEC for Education and officials from Medicos Special School, following allegations of negligence regarding the safety and care of a student with cerebral palsy and significant intellectual impairment.
The case centred around a tragic incident occurring on 26 August 2016, when the learner suffered head injuries while at the special needs institution in Soshanguve, Pretoria.
His mother claimed the school’s administration and staff, including the Principal and Deputy Principal, had breached their duty of care, resulting in her son’s injury.
Judge GN Moshoana, who authored the judgment, pointed out that the litigation was poorly conducted, noting a lack of “relevant and cogent testimony” supporting the allegations. The ruling highlighted the absence of direct evidence linking the school’s negligence to the injuries sustained by the learner. As such, the court found no grounds to hold the MEC or school officials accountable.
The court proceedings saw testimonies from the mother of the patient, various educators, and a school driver, all of whom confirmed that the injury occurred after school hours and outside the school premises. This pivotal detail effectively negated claims that the school could have foreseen or prevented the attack on the learner.
The plaintiff’s team faltered in establishing a clear causal link between the alleged negligence and the injury, which led to the dismissal of their case and an ordered cost payment on a party and party scale.
During the trial, the judge noted that the strength of the plaintiff’s case was undermined by contradictory evidence and a lack of clarity in the mother’s testimony, which appeared less than convincing.
The mother’s observations regarding the school’s security measures were also challenged by evidence presented by the school staff, further complicating the plaintiff’s assertions.
