The family of a seven-year-old girl killed after being knocked down by a car inside the yard of the Hector Peterson Primary School in Dobsonville, Soweto, is suing the Gauteng department of education for R20-million for failing to protect the child.
Family spokesperson Zakhele Ndlovu said the family decided to go the legal route to compel the department to compensate the mother for her tragic loss.
“Since the incident, the mother of the child, Gcinile Ndlovu, has been so devastated she ended up being paralysed and can’t speak properly anymore. When you talk to her, she just stares at you. If we win this case, we will take her to the best doctors in the country so that she regains her speech,” said Ndlovu.
“My sister spent her life worried she wouldn’t be able to conceive, but at 37 God blessed her with Sinikiwe. That’s why the news of her death was such a deep shock. We are also worried as the family that the driver of the vehicle that killed the child is still out there,” said Ndlovu.
The late Sinikiwe, a Grade 2 pupil, died in July after spending a month at Leratong Hospital. She was hit by a speeding vehicle that came to the school to pick up other pupils.
The lawyer representing the family, Toney Mathe of Marweshe Attorneys, confirmed the family was suing the education department.
“On the 17th of August a letter of demand was sent to the office of the MEC. The department has not contacted us through its attorneys, unfortunately, we have not heard anything. We are instructed to proceed with necessary legal action,” said Mathe.
Mathe said he expected the department to treat the case as it did with other similar cases by first sending him the investigation report.
Gauteng department of education spokesperson Steve Mabona said the department was aware of the lawsuit.
“The department was served with a letter of demand dated 17 August 2022, from the plaintiff’s attorney. Subsequently, the acknowledgement letter was sent to the plaintiff’s attorneys,” said Mabona.
Gauteng police spokesperson Lt-Col Mavela Masondo said, “A case of reckless and negligent driving was opened and later changed to culpable homicide. An investigation was conducted, and statements were obtained from the suspect and witnesses.
“The docket was then taken to the senior state prosecutor for a decision. The prosecutor perused the docket and gave more instructions to the investigating officer.
“As soon as the investigating officer is done carrying out those instructions, the docket will be taken back to court for a final decision,” Masondo said.
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