Ramesega and Another v MEC for Education Gauteng, Province (14863/2013) [2016] ZAGPJHC 345 (9 December 2016)

Ramesega and Another v MEC for Education Gauteng, Province (14863/2013) [2016] ZAGPJHC 345 (9 December 2016)

The court found that the school owed a duty of care to Karabo and breached it by failing to provide adequate supervision and by allowing learners to affix nets to movable goal posts without proper oversight. The evidence established that the goal posts were not secured in the ground, creating a foreseeable risk of harm. The school failed to take reasonable steps to prevent the incident, such as ensuring only staff handled the nets and that the posts were properly anchored. The harm suffered by Karabo was reasonably foreseeable, and the defendant did not demonstrate that all reasonable measures were taken to ensure his safety. The plaintiff discharged the onus of proof on a balance of...

Citation
[2016] ZAGPJHC 345
Parties
Plaintiff: Dikeledi Christine Ramesega obo Karabo Victor Ramesega; Defendant: The Member of the Executive Council for Education Gauteng Province
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 December 2016
Case Number
14863/2013
Procedural Posture
Civil Trial / Merits Only; Quantum of Damages Postponed Under Rule 33(4)
Outcome
The defendant is liable to the plaintiff for all proven damages arising from the injuries sustained by Karabo at Crystal Park High School on 30 April 2010.
Judges
M B Mahalelo
Legal Topics
Duty of Care in Schools, Negligence, Statutory Liability, Foreseeability, Onus of Proof, School Safety
Delict Civil Procedure Family and Children Duty of Care in Schools Negligence Statutory Liability Foreseeability Onus of Proof +1 more

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Parties

Dikeledi Christine Ramesega obo Karabo Victor Ramesega

Plaintiff

The Member of the Executive Council for Education Gauteng Province

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum of Damages Postponed Under Rule 33(4)

Legal Issues

  1. 1 Whether the defendant owed a duty of care to Karabo and breached it resulting in his injuries.
  2. 2 Whether the harm suffered by Karabo was reasonably foreseeable and preventable by the school.
  3. 3 Whether the school took reasonable steps to ensure the safety of learners on the soccer field.

Ratio Decidendi

The court found that the school owed a duty of care to Karabo and breached it by failing to provide adequate supervision and by allowing learners to affix nets to movable goal posts without proper oversight. The evidence established that the goal posts were not secured in the ground, creating a foreseeable risk of harm. The school failed to take reasonable steps to prevent the incident, such as ensuring only staff handled the nets and that the posts were properly anchored. The harm suffered by Karabo was reasonably foreseeable, and the defendant did not demonstrate that all reasonable measures were taken to ensure his safety. The plaintiff discharged the onus of proof on a balance of...

Court Disposition

The defendant is liable to the plaintiff for all proven damages arising from the injuries sustained by Karabo at Crystal Park High School on 30 April 2010.

Orders

  • The defendant shall be liable to the plaintiff for all proven damages as a consequence of the injuries sustained by Karabo at Crystal Park High School on 30 April 2010.
  • The defendant shall pay the costs of the action.