The North West High Court has ordered a significant payout to the family of a 14-year-old child who died after falling from Mmabatho Stadium during a school arts event in July 2019. The court found the Minister of Basic Education, Siviwe Gwarube; the MEC for Education, Viola Motsumi; Mmabatho Primary School, and its governing body to be negligent in their duty of care. The ruling highlights a tragic case of institutional failure and a lack of supervision that led to a preventable death.
The court heard a heart-breaking account of the incident, which began when the deceased and a classmate were left to find a toilet on their own. The family’s case revealed that their teacher, identified as Mrs. Tladi, reportedly claimed she did not know where the restrooms were. "I would rather not be involved in the toilet issue," she is said to have told the children. This decision resulted in the unsupervised child climbing to the upper level of the stadium, where she became dizzy, lost her balance, and ultimately fell to her death.
In her ruling, Judge Charlotte Oosthuizen-Senekal strongly condemned the negligence, stating, “This was a preventable tragedy.” The judge emphasised the fundamental responsibility of schools to ensure the safety of children, particularly in unfamiliar places. She noted that a stadium with steep stairs and high balconies presents inherent dangers that require careful supervision. “Schools must protect children, especially in unfamiliar places like a stadium with steep stairs and high balconies,” Oosthuizen-Senekal said.
The court awarded a total of R750,000 in damages to the family for their profound emotional trauma. Each of the deceased’s parents and three siblings will receive R150,000. The judgment also covers the family’s legal expenses and includes 7.75% interest on the damages awarded.
The deceased’s mother gave a powerful testimony, describing the trauma of discovering her daughter’s body wrapped in a silver sheet. “No parent should endure this,” she told the court. A clinical psychologist, Lenmarie Stanton, provided expert evidence, confirming that the family suffers from trauma-related disorders and requires extensive therapy. "Their pain is deep and lasting," Stanton stated, underscoring the long-term impact of the tragedy on the family's well-being.
The court determined that Minister Gwarube, MEC Motsumi, and Mmabatho Primary School had violated their duty to act as responsible carers by failing to provide a safe environment or adequate supervision. Judge Oosthuizen-Senekal delivered a firm message on the responsibility of educators. “Teachers stand in the place of parents. Allowing children to roam freely in a hazardous venue is unacceptable,” she said.
The Minister of Basic Education, who was named as a defendant, had initially contested the case but later defaulted. It was also noted that the minister had offered no support to the family after the tragedy.
The judge concluded her ruling by acknowledging that while no amount of money can ever replace a child, the financial award serves a crucial purpose. “No amount of money can replace a child, but this award holds those responsible accountable and affirms the duty to keep our children safe,” Oosthuizen-Senekal said. The judgment sends a clear message about the accountability of educational authorities and institutions for the safety of children under their care.
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