The High Court in Polokwane has found the Limpopo Education Department liable for injuries sustained by a learner on poorly maintained school grounds.
The incident occurred on 30 July 2015 when the then Grade 11 learner suffered a serious arm injury while practicing netball. The injuries were found to have been a result of the school's negligence in maintaining a safe playing surface.
During court proceedings, the victim claimed damages totalling R2.3 million, including costs for past and future medical expenses, loss of earnings, and damages for pain and suffering.
According to her, the netball grounds were in a poor condition on the day of the incident, described as "uneven, with red soil, patches of grass, and stones." She detailed how she tripped due to these hazardous conditions while practicing with her team.
Testimonies highlighted that although the learners were generally responsible for cleaning the field, time constraints prevented them from doing so before the practice.
The applicant’s claims were supported by witnesses, including a schoolmate who corroborated her description of the uneven playing surface. Furthermore, photographs taken after the incident illustrated the perilous condition of the netball ground.
In its defence, the department argued that netball is inherently a contact sport and that the plaintiff, being aware of the risks involved, had consented to these risks. It contended that the school grounds had been adequately maintained and dismissed claims that the absence of supervision at the time of the accident constituted negligence.
However, the court found insufficient evidence backing the school's assertions. The evidence indicated a breach of statutory duties regarding student supervision and safety standards mandated by the Regulations for Safety Measures at Public Schools. The judge stated issues regarding supervision of learners and failure to properly manage the playing conditions were significant factors contributing to the plaintiff's injury.
In rendering its decision, the court emphasised that it is the duty of educational institutions to ensure a safe environment for learners. The ruling confirmed that the department is liable for the injuries suffered by the plaintiff due to negligence in maintaining safe school premises.
The court ordered compensation for the damages claimed by the plaintiff. However, the quantum of damages will be determined in a subsequent hearing, which has been postponed until further notice.
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