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South Africa decisions
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Mhlongo v MEC for Education Gauteng Province (Leave to Appeal) (40579/2021) [2025] ZAGPPHC 391 (7 April 2025)
The High Court refused leave to appeal, finding the applicant had not shown reasonable prospects of success under section 17(1)(a)(i) of the Superior Courts Act.
A.D v MEC for Education, Eastern Cape Provincial Government (541/2013) [2020] ZAECBHC 29 (21 December 2020)
The court found that the school and its teachers owed a positive legal duty to supervise learners during all school activities, including breaks. The absence of any supervision during break times, combined with the unsecured and accessible steel goal post components, created a foreseeable risk of harm to learners. The principal acknowledged the hazard posed by the equipment and the lack of secure storage. The court rejected the defendant's argument that break time was not a school activity requiring supervision, holding that breaks are an integral part of the school day and learners remain in…
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M v Minister of Police and Another (43362/12) [2014] ZAGPJHC 69 (24 March 2014)
High Court trial over a school assault claim. The court found the school had reasonable safety measures and dismissed the delict claim against the education department.
R and Another v Member of the Executive of Education, Gauteng Province and Others (24232/2002) [2009] ZAGPPHC 394 (9 October 2009)
The High Court dismissed a damages claim arising from a learner’s injury on a foefie slide at a school camp, finding no proved negligence by the defendants.
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