In a recent case heard by the Northwest High Court, Mafikeng, a judgment was delivered concerning the assault of a minor by a teacher. The plaintiff, the mother of the minor child, successfully sought damages amounting to R7,000,000.00 for future medical expenses, loss of amenities of life, and pain and suffering from the MEC for Education, North West (the defendant) after the minor child was allegedly assaulted on his hand with a knobkierie (a round-headed stick) by their teacher.
The court had to address whether the defendant was liable for the assault committed by the teacher. Secondly, the appropriate amount of compensation for the damages suffered by the minor child and whether the assault had a long-term impact on the minor child’s ability to earn in the future.
The court found the defendant liable for 100% of the plaintiff’s proven damages. The evidence presented by the plaintiff was compelling and unchallenged by the defendant, who failed to present any witnesses or evidence regarding the incident. The court accepted the plaintiff’s account of the assault and its effect on the minor child. The assault was a contravention of the Schools Act, 1996 prohibiting corporal punishment.
The court awarded R30,000.00 for the damages suffered as a result of the assault. This amount was determined after considering comparable cases and the specific circumstances of this case. The court noted that while the minor child experienced pain and discomfort, there was no evidence of permanent disability or long-term physical damage. The court found the evidence insufficient to substantiate such a claim. The court highlighted that the minor child had passed Grades 1 and 2 after the incident and that his future was not necessarily doomed.
The decision reaffirms the basis of liability for claims involving assaults in educational settings and highlights the importance of presenting robust evidence to support claims for loss of earning capacity and other long-term impacts. The case reinforces the legislative prohibition of corporal punishment in schools. The judgment serves as a reminder of the legal protections afforded to learners and the accountability of educational authorities in safeguarding these rights. It also provides valuable insights into the court’s approach to assessing and awarding damages in cases involving an injury to a minor.
Read the full judgment here.