A prominent private school group, Curro Holdings Limited, and a former pupil are facing a hefty R6.5 million lawsuit following allegations of a rape at an underage drinking party. The incident reportedly occurred in January 2019, during the school's 20-Year Anniversary concert at the Bellville Civic Centre. The Western Cape High Court is scheduled to hear the case on 26 May.
The legal action centres around events that allegedly transpired after the concert. According to court documents, the victim, who was a Grade 10 pupil at the time, was accommodated at the Protea Hotel in Tygervalley along with other learners. These pupils were under the supervision of Curro-appointed chaperones and staff members. Among those overseeing the pupils was Nicholas Job, who was a matric learner at the Pinehurst branch of Curro at the time.
The court documents allege a disturbing sequence of events. "It is alleged that teachers and chaperones encouraged underage drinking at the hotel following the concert," the documents state. The situation took a sinister turn when the victim, reportedly feeling unwell after consuming alcohol, returned to her room. It is there that Job is accused of sexually assaulting and raping her.
The lawsuit seeks R6.5 million in damages, claiming that the victim has suffered "severe and lasting psychological trauma" as a result of the alleged incident. Court documents state that this trauma includes diagnoses of major depressive disorder, generalised anxiety disorder, and post-traumatic stress disorder.
Nicholas Job, now 24 years old and hailing from Kraaifontein, has denied the allegations. He acknowledged that the complainant "misbehaved" whilst she was intoxicated, but firmly denies that he sexually assaulted or raped her.
Curro Holdings, on the other hand, is reportedly arguing idemnity. This legal strategy suggests that the school is seeking protection from liability, potentially arguing that they are not responsible for the actions of the former matric pupil.
This stance has drawn strong criticism from the victim's legal team. Attorney Anthony Batchelor, representing the victim, has challenged the school's indemnity argument, stating: "This indemnity argument is not only flawed but flies in the face of the Constitution, the Schools Act, and the Children’s Act… No parent can lawfully waive a child’s constitutional right to safety, especially not when the child is under the school’s care, surrounded by staff and fellow pupils."
Batchelor's statement underscores the core of the legal battle: the responsibility of a school to ensure the safety and well-being of its pupils, particularly when those pupils are in the school's care during organised events. The legal team argues that Curro Holdings had a duty to protect the victim from harm and that their alleged failure to do so has had devastating consequences.
Further complicating matters, it has emerged that Curro Holdings has previously been involved in other cases of alleged sexual misconduct at other branches. These matters were reportedly dealt with discreetly, raising concerns about a potential pattern of behaviour and a desire to protect the school's reputation above all else.
Batchelor commented on this aspect of the case, saying: "The case was initially reported to the South African Police Service but was withdrawn on the advice of the claimant’s school-appointed psychologist, ostensibly to allow her to heal psychologically." This revelation raises questions about the school's motives in advising the withdrawal of the initial police report.
The attorney further emphasised the potential significance of this case, stating: "This case may become a litmus test for how South African private schools treat the safety of their learners – and how far they will go to protect their reputation." This statement highlights the broader implications of the lawsuit, suggesting that the outcome could set a precedent for how private schools in South Africa address issues of pupil safety and accountability.
The case is expected to draw significant public attention, given the sensitive nature of the allegations and the prominent position of Curro Holdings in the South African private education sector. The proceedings in the Western Cape High Court on 26 May are likely to be closely followed by parents, educators, and legal experts alike.
The legal battle raises several critical questions: What level of responsibility do schools have for the safety and well-being of pupils during school-organised events? Can a school legitimately claim indemnity in cases where alleged harm occurs to a pupil under their supervision? And how should schools balance the need to protect their reputation with the imperative to ensure the safety and justice for their pupils?
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