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South Africa decisions
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R.M v MEC for the Department of Education, Limpopo (4242/2016) [2025] ZALMPPHC 28 (24 February 2025)
The High Court found the Limpopo education MEC liable after a learner was injured when she tripped on an uneven netball field during school practice.
D.J obo O.M v MEC for Department of Education North West Province (KP124/2018) [2024] ZANWHC 300; [2025] 1 All SA 667 (NWM) (10 December 2024)
A school delict claim succeeded for general damages after a child learner was assaulted, but the court refused loss of earning capacity for lack of proof.
South African Securitisation Programme (RF) Ltd and Others v Adam Masebe Secondary School and Another (2022-025736) [2024] ZAGPPHC 1256 (27 November 2024)
The court found that the plaintiffs had established their entitlement to summary judgment under Rule 32. The rental agreements were validly concluded, the equipment was delivered and accepted, and the school breached its payment obligations. The cessions of rights were properly effected, and the acceleration clauses entitled the plaintiffs to immediate payment of all amounts due. The defendants' procurement defence, based on section 217 of the Constitution and section 38 of the PFMA, was not properly pleaded and did not constitute a bona fide defence. The alleged non-compliance with section 2…
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M.A.M obo K.M v MEC for the Department of Education: Gauteng Province and Others (14625/2020) [2024] ZAGPPHC 1155 (13 November 2024)
The court found that the plaintiff failed to discharge the onus of proof regarding the circumstances of the injury and the alleged breach of duty. There was no direct or circumstantial evidence that the patient left the school premises unassisted during school hours, nor that the injury occurred while under the school's supervision. The evidence established that the injury happened outside the school premises and after school hours, when the school was no longer responsible for the patient. The court rejected the plaintiff's witnesses' version as improbable and fabricated, and accepted the de…
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Mhlongo v Member of the Executive Council of Gauteng Department of Education (40579/2021) [2024] ZAGPPHC 1056 (21 October 2024)
A learner injured at school sued the Gauteng education MEC for negligent supervision, but the court found the school had taken reasonable precautions and dismissed the claim.
Roets v School Governing Body: Du Preez Van Wyk Primary School and Others (5937/2016) [2024] ZAGPPHC 640 (21 June 2024)
The High Court held the school defendants 100% liable after a parent fell into an obscured hole on school premises; the disclaimer defence failed as hearsay.
W.L obo M.L v MEC for Education: Northern Cape Provincial Government and Another (493/2016) [2024] ZANCHC 37 (12 April 2024)
The court found, on a balance of probabilities, that the plaintiff slipped on a wet bathroom floor at the school and sustained severe injuries as a result. The Department of Education owed a legal duty to ensure the safety of learners and to prevent foreseeable harm, including keeping bathroom floors dry. The evidence demonstrated a persistent problem of wet and poorly maintained bathrooms, corroborated by witness testimony and photographs. The Department failed to take reasonable steps to prevent the risk, constituting a wrongful omission. Expert medical evidence established that the fall ca…
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E.C.C obo J.V v MEC for Education, Gauteng Province (36071/19) [2024] ZAGPPHC 261 (18 March 2024)
The plaintiff achieved substantial success as the insurer conceded liability for the incident based on the school's sole negligence. Although the plaintiff did not follow up with the school after emigrating, the school and defendant also failed to pursue the insurance claim or communicate with the plaintiff, contributing to unnecessary litigation and costs. The insurance contract was between the school and insurer, and the plaintiff was not obliged to join the insurer. The defendant's substantive defences increased the plaintiff's costs. In the circumstances, the plaintiff is entitled to 90%…
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M.M.G v Minister of Basic Education and Another (108/2019) [2024] ZALMPTHC 27 (14 March 2024)
High Court quantum judgment for a child severely burned at school, awarding damages for general harm, future medical care, and reduced earning capacity.
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…
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