BE obo JE v MEC for Social Development, Western Cape (CCT 234/20) [2021] ZACC 23; 2021 (10) BCLR 1087 (CC); 2022 (1) SA 1 (CC) (27 August 2021)

BE obo JE v MEC for Social Development, Western Cape (CCT 234/20) [2021] ZACC 23; 2021 (10) BCLR 1087 (CC); 2022 (1) SA 1 (CC) (27 August 2021)

The Constitutional Court held that the Minister for Social Development, Western Cape, does not owe a private law duty to ensure the day-to-day safety of children at Early Childhood Development Centres and places of care. The regulatory framework, including the Child Care Act and its regulations, imposes oversight and registration duties but does not contemplate operational control or a duty to pay damages for injuries resulting from daily activities at such facilities. Imposing such liability would be unduly burdensome, create a chilling effect on the administration of thousands of centres nationwide, and is not supported by statutory interpretation or public policy. The responsibility...

Citation
[2021] ZACC 23
Parties
Applicant: BE obo JE; Respondent: MEMBER OF THE EXECUTIVE COUNCIL FOR SOCIAL DEVELOPMENT, WESTERN CAPE
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
27 August 2021
Case Number
CCT 234/20
Procedural Posture
Civil Appeal / Appeal From Supreme Court of Appeal, Following High Court and SCA Decisions
Outcome
Appeal dismissed; leave to appeal granted but Minister not held liable.
Judges
Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mhlantla, Pillay, Theron, Tlaletsi, Tshiqi
Legal Topics
Wrongfulness, Public Law Duty, Child Care Facilities, Section 28 Constitution, Statutory Interpretation, Regulatory Liability
Delict Family and Children Civil Procedure Wrongfulness Public Law Duty Child Care Facilities Section 28 Constitution Statutory Interpretation +1 more

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Parties

BE obo JE

Applicant

MEMBER OF THE EXECUTIVE COUNCIL FOR SOCIAL DEVELOPMENT, WESTERN CAPE

Respondent

Procedural Posture

Civil Appeal / Appeal From Supreme Court of Appeal, Following High Court and SCA Decisions

Legal Issues

  1. 1 Whether the Minister for Social Development, Western Cape, owed a legal duty to prevent harm to children in Early Childhood Development Centres and places of care.
  2. 2 Whether the regulatory responsibilities of the Minister translate into a private law duty to pay damages for injuries suffered by children at such facilities.
  3. 3 Whether the Supreme Court of Appeal was correct in finding that the element of wrongfulness was not established.

Ratio Decidendi

The Constitutional Court held that the Minister for Social Development, Western Cape, does not owe a private law duty to ensure the day-to-day safety of children at Early Childhood Development Centres and places of care. The regulatory framework, including the Child Care Act and its regulations, imposes oversight and registration duties but does not contemplate operational control or a duty to pay damages for injuries resulting from daily activities at such facilities. Imposing such liability would be unduly burdensome, create a chilling effect on the administration of thousands of centres nationwide, and is not supported by statutory interpretation or public policy. The responsibility...

Court Disposition

Appeal dismissed; leave to appeal granted but Minister not held liable.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.