Mhlongo v Member of the Executive Council of Gauteng Department of Education (40579/2021) [2024] ZAGPPHC 1056 (21 October 2024)

Mhlongo v Member of the Executive Council of Gauteng Department of Education (40579/2021) [2024] ZAGPPHC 1056 (21 October 2024)

The court found that the Plaintiff failed to prove negligence on the part of the Defendant. The evidence established that the school had foreseen the risk of harm and had taken reasonable steps by deploying two teachers to supervise the playground. The Plaintiff was on suspension and unlawfully present on the premises, having gained access by jumping the fence. The educators could not be expected to focus solely on the Plaintiff, as there were many learners present. The incident occurred despite reasonable supervision, and the Plaintiff did not demonstrate what further steps the Defendant should have taken to prevent the harm. There was no evidence that alternative methods of supervision...

Citation
[2024] ZAGPPHC 1056
Parties
Plaintiff: Mpho Elvis Mhlongo; Defendant: Member of the Executive Council of Gauteng Department of Education
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 October 2024
Case Number
40579/2021
Procedural Posture
Civil Trial / Merits Separated From Quantum; Quantum Postponed Sine Die
Outcome
Plaintiff's claim dismissed on the merits.
Judges
Mabuse
Legal Topics
In Loco Parentis, Negligence, School Liability, Personal Injury, Duty of Care
Delict Civil Procedure Family and Children In Loco Parentis Negligence School Liability Personal Injury Duty of Care

Case Brief

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Parties

Mpho Elvis Mhlongo

Plaintiff

Member of the Executive Council of Gauteng Department of Education

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Quantum Postponed Sine Die

Legal Issues

  1. 1 Whether the educators and staff of Nantes Primary School breached their legal duty to supervise learners and ensure a safe environment on 9 November 2017.
  2. 2 Whether the Defendant was negligent in failing to prevent the incident in which the Plaintiff was injured.
  3. 3 Whether reasonable steps were taken by the school to guard against foreseeable harm to learners.

Ratio Decidendi

The court found that the Plaintiff failed to prove negligence on the part of the Defendant. The evidence established that the school had foreseen the risk of harm and had taken reasonable steps by deploying two teachers to supervise the playground. The Plaintiff was on suspension and unlawfully present on the premises, having gained access by jumping the fence. The educators could not be expected to focus solely on the Plaintiff, as there were many learners present. The incident occurred despite reasonable supervision, and the Plaintiff did not demonstrate what further steps the Defendant should have taken to prevent the harm. There was no evidence that alternative methods of supervision...

Court Disposition

Plaintiff's claim dismissed on the merits.

Orders

  • On the merits, the Plaintiff’s claim is hereby dismissed.