CS and Another v Swanepoel and Others (19027/13)
CS and Another v Swanepoel and Others (19027/13) [2022] ZAWCHC 37; [2022] 2 All SA 810 (WCC); [2022] 7 BLLR 660 (WCC) (17 March 2022)
The plaintiff proved on a balance of probabilities that the first defendant sexually assaulted her at school. Her evidence was clear, consistent, and corroborated by independent witnesses. The Department, as employer, owed a legal duty to vet the first defendant for prior convictions and failed to do so, despite the known risk of sexual exploitation of children by educators. This omission was negligent and directly enabled the assault. The Department is vicariously liable for the first defendant's wrongful act, as it occurred during school hours and was sufficiently linked to his employment.…
Source excerpt
- Sexual Assault Of Minor
- Vicarious Liability
- Duty Of Care In Schools
- Negligent Vetting Of Employees
- Post Traumatic Stress Disorder
- Abuse Of Process