A mother seeking justice for her Grade R son, who was severely injured after being hit with a knobkierie by a teacher at school, has been awarded R30 000 as reparation for the 2015 incident.
Following a hearing early this year, the North West High Court in Mafikeng has now found the MEC for Education liable for 100% of the proven damages suffered by the child. His mother issued a summons against the MEC of Education in June 2018, claiming damages amounting to R7 million for future medical expenses, loss of amenities of life, and pain and suffering.
The mother testified about the disturbing day her son returned from school, claiming he had been beaten on the hand by his teacher. Over the next weeks, the child experienced severe pain, and after a failed initial treatment at the clinic, he was referred to the hospital for further medical care. The hand had turned blue. In light of the severity of the injury, the mother reported the incident to school authorities.
Another teacher at the school testified and confirmed that the perpetrator was employed on contract as a childminder. Approximately one to two weeks after the alleged incident, the child's mother reported to him about the incident. He referred her to the principal of the foundation phase of the school. He did not confront the perpetrator about the incident.
An educational psychologist revealed that the child faced significant developmental setbacks due to the incident, hindering his ability to learn effectively and casting doubt on his future educational potential. The psychological assessment indicated a deterioration in his emotional well-being, with the child exhibiting fear and anxiety.
However, challenges arose during the trial, particularly concerning the absence of the MEC’s representation. The MEC's legal team sought postponements but failed to substantiate claims for absolution from the instance. The court's decision to accept the evidence ultimately led to a decisive ruling against the MEC.
In the ruling, Judge President RD Hendricks underlined the court's obligation to adjudicate based on the presented evidence in the absence of the defense. He emphasized the continuous threat that physical punishment represents in schools and highlighted the enduring need for legislative reforms in this area.
