R K and Others v Minister of Basic Education and Others (754/2018; 1051/2018) [2019] ZASCA 192; [2020] 1 All SA 651 (SCA); 2020 (2) SA 347 (SCA) (18 December 2019)

R K and Others v Minister of Basic Education and Others (754/2018; 1051/2018) [2019] ZASCA 192; [2020] 1 All SA 651 (SCA); 2020 (2) SA 347 (SCA) (18 December 2019)

The Supreme Court of Appeal held that South African law recognises claims for emotional shock where the claimant suffers a detectable psychiatric injury resulting from negligence. The appellants and their minor children suffered post-traumatic stress disorder and depression, which were admitted by the respondents and corroborated by expert evidence. The court found no need to develop the common law to allow damages for grief absent psychiatric injury, as the appellants' grief was intertwined with their psychiatric injuries and thus compensable. The claim for constitutional damages was rejected, as the appellants were fully compensated under common law and further damages would amount to...

Citation
[2019] ZASCA 192
Parties
Appellant: R K; Appellant: M K; Appellant: Y K; Appellant: L K; Respondent: Minister of Basic Education; Respondent: Member of the Executive Council, Limpopo Department of Education; Respondent: Principal of Mahlodumela Lower Primary School; Respondent: School Governing Body Mahlodumela Lower Primary School; Amicus Curiae: Equal Education
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
18 December 2019
Case Number
754/2018; 1051/2018
Procedural Posture
Civil Appeal / Appeal From Limpopo Division of the High Court, Polokwane
Outcome
Appeal succeeds in part; order of the court a quo altered to award damages for emotional shock and future medical expenses; constitutional damages and declaratory order refused.
Judges
Navsa, Leach, Tshiqi, Wallis, Mbha
Legal Topics
Psychiatric Injury, Emotional Shock, Constitutional Damages, Development of Common Law, Structural Interdict, Bereavement Claims
Delict Civil Procedure Constitutional Law Psychiatric Injury Emotional Shock Constitutional Damages Development of Common Law Structural Interdict +1 more

Case Brief

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Parties

R K

Appellant

M K

Appellant

Y K

Appellant

L K

Appellant

Minister of Basic Education

Respondent

Member of the Executive Council, Limpopo Department of Education

Respondent

Principal of Mahlodumela Lower Primary School

Respondent

School Governing Body Mahlodumela Lower Primary School

Respondent

Equal Education

Amicus Curiae

Procedural Posture

Civil Appeal / Appeal From Limpopo Division of the High Court, Polokwane

Legal Issues

  1. 1 Whether damages for emotional shock and grief are recoverable under South African law without developing the common law.
  2. 2 Whether constitutional damages should be awarded in addition to common law damages for breach of constitutional rights.
  3. 3 Whether a declaratory order should be granted for breach of constitutional obligations by the respondents.

Ratio Decidendi

The Supreme Court of Appeal held that South African law recognises claims for emotional shock where the claimant suffers a detectable psychiatric injury resulting from negligence. The appellants and their minor children suffered post-traumatic stress disorder and depression, which were admitted by the respondents and corroborated by expert evidence. The court found no need to develop the common law to allow damages for grief absent psychiatric injury, as the appellants' grief was intertwined with their psychiatric injuries and thus compensable. The claim for constitutional damages was rejected, as the appellants were fully compensated under common law and further damages would amount to...

Court Disposition

Appeal succeeds in part; order of the court a quo altered to award damages for emotional shock and future medical expenses; constitutional damages and declaratory order refused.

Orders

  • The words 'the claim is dismissed' in para 1 of the order are deleted and substituted with awards for emotional shock and grief: R350,000 for Mrs K; R350,000 for Mr K; R200,000 for Ms Y K; R200,000 for Mr L K; R100,000 for each minor child M, O, and B K, jointly and severally.
  • The words 'Claim A' and 'The claim for grief is dismissed' are deleted from para 2 of the order.