NW education ordered to pay R30k after teacher assaults Grade R boy with a stick! The North West High Court in Mafikeng has ordered the provincial MEC of Education, Ntsetao Viola Motsumi, to pay R30,000 in damages to a mother whose son was assaulted by a teacher with a stick.
The ruling comes after the mother filed a lawsuit seeking R7 million to cover future medical expenses, pain and suffering, and loss of life amenities following the incident.
The Assault Incident
The incident occurred in August 2015 when the then-five-year-old child returned home from school and informed his mother that his teacher had hit him on the hand with a knobkierie. A few days later, the child’s hand changed color and turned blue, prompting the mother to seek medical assistance at a local clinic.
When the boy’s condition did not improve, he was referred to a hospital for further treatment. The mother reported the incident to the school, and it later became the subject of a legal battle.
In court, the mother’s statement to the police—which mentioned a stick instead of a knobkierie—was scrutinized. She explained that she had reported the assault based on what her son told her.
Testimonies and Expert Reports
An educational psychologist testified that the assault occurred during a critical stage in the boy’s development. She stated that the injury had severely impacted his academic and emotional functioning. The child, described as having average intelligence prior to the incident, was now performing well below his age level academically.
The psychologist explained that the boy was unable to write or spell, struggled with basic mathematical applications, and had shown a decline in his educational potential over the years. She recommended his placement in a special school, as the foundational phase of his learning had been severely disrupted.
Additionally, the court heard from an industrial psychologist who testified that the boy’s future prospects had been significantly affected by the assault. The expert predicted that he would likely struggle to complete Grade 12 and, at best, could only secure employment in the informal sector performing unskilled labor.
Court’s Ruling and Reasoning
Despite the testimonies and expert reports, Judge Ronald Deon Hendricks exercised discretion in awarding damages. He noted that while the incident caused pain and discomfort, there was no evidence of permanent physical disability or lasting trauma that could not be overcome.
“The victim did not lose the use of his hand, nor has he been rendered disabled,” Judge Hendricks stated. He emphasized that the pain lasted approximately two weeks and was managed with medical treatment at a clinic and hospital.
The judge also dismissed claims linking the boy’s failure in Grade 3 to the assault, noting that he had successfully passed Grades 1 and 2 after the incident.
On the calculation of damages, Judge Hendricks chose not to rely on the industrial psychologist’s report, as the expert was not a qualified actuary. Instead, he determined an amount deemed “just, fair, and equitable.”
Implications of the Ruling
The court awarded R30,000 in damages to the victim, significantly less than the R7 million sought by the mother. Judge Hendricks ordered the MEC of Education to cover the costs of the application.
The case highlights the challenges in quantifying damages for non-physical injuries, particularly in young children, where developmental and psychological impacts are difficult to measure conclusively.
Broader Concerns
The case has drawn attention to the issue of corporal punishment in schools, a practice that has been outlawed in South Africa. It underscores the need for educators to adhere to professional standards and for authorities to ensure the safety and well-being of learners.
This ruling also serves as a reminder that while justice may be served, proving extensive damages requires strong evidence linking the incident to long-term impacts. For the boy and his family, the compensation provides some acknowledgment of the harm caused, but questions remain about the adequacy of support for learners affected by such incidents.
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