The North West High Court has ordered the Minister of Basic Education, Siviwe Gwarube; the MEC for education, Viola Motsumi; Mmabatho Primary School and its governing body to pay R750 000 to the family of a 14-year-old child who died after falling from Mmabatho Stadium during a school arts event.
According to the court, the incident took place in July 2019. The family’s heartbreak was laid bare in a case that exposed failures in school supervision.
The tragedy started when the school let the deceased and a classmate wander the stadium alone while they were looking for a toilet.
According to rumours, their teacher, Mrs. Tladi, claimed she had no idea where the restrooms were.
“I would rather not be involved in the toilet issue,” she reportedly said, which resulted in the unsupervised deceased climbing to the stadium’s upper level, becoming dizzy, and ultimately falling to her death.
In her ruling, Judge Charlotte Oosthuizen-Senekal denounced the carelessness.
“This was a preventable tragedy,” said Oosthuizen-Senekal. “Schools must protect children, especially in unfamiliar places like a stadium with steep stairs and high balconies.”
The judge awarded R150 000 to each of the deceased’s parents and three siblings, totalling R750 000 for their profound emotional trauma.
Trauma-related disorders
The decision also covers the family’s legal expenses and adds 7.75% interest to the damages.
The deceased’s mother claimed that it was traumatising to discover her daughter’s body wrapped in a silver sheet. “No parent should endure this,” she testified.
Clinical psychologist Lenmarie Stanton confirmed the family suffers from trauma-related disorders, requiring extensive therapy. “Their pain is deep and lasting,” Stanton stated.
The court determined that Gwarube, Motsumi, and the primary school had violated their duty to act as responsible carers by failing to provide safe facilities or supervise the deceased pupil.
“Teachers stand in the place of parents. Allowing children to roam freely in a hazardous venue is unacceptable,” said Oosthuizen-Senekal.
The minister, who initially contested the case but later defaulted, offered no support to the family post-tragedy.
“No amount of money can replace a child, but this award holds those responsible accountable and affirms the duty to keep our children safe,” said Oosthuizen-Senekal.
