Mphela v MEC of Education Limpopo Province (HCAA08/2022)
Mphela v MEC of Education Limpopo Province (HCAA08/2022) [2023] ZALMPPHC 115 (5 December 2023)
The court found that the appellant failed to discharge the onus of proving negligence on the part of the respondent. The evidence showed that the educators present exceeded the minimum regulatory requirements for supervision. The appellant's version of events was unsupported by corroborating witnesses, and the circumstances did not establish that the educators could reasonably have foreseen or prevented the attack. The incident occurred outside the immediate supervision of educators, and the appellant had changed into civilian clothes, making monitoring impracticable. The court held that the…
Source excerpt
- Negligence
- Duty Of Care
- School Liability
- Regulations For Safety Measures
- Burden Of Proof