An empty classroom with books on each table. The MEC of education in the North West, Ntsetao Viola Motsumi, has been ordered to pay an aggrieved mother R30,000 after her son was assaulted by a teacher with a stick.
Image: File image
The MEC of education in the North West, Ntsetao Viola Motsumi, has been ordered to pay an aggrieved mother R30,000 after her son was assaulted by a teacher with a stick.
The order was made by North West High Court in Mafikeng after the mother sought relief claiming R7 million for future medical expenses, loss of amenities of life, and pain and suffering.
The incident happened in August 2015 after her then five-year-old son came back from school and reported that he was assaulted with a knobkierie on his hand by his teacher.
Days later, his hand changed colour, turned blue, and she took him to the clinic for medical treatment. When there was no improvement then she took him back to the clinic, and he was referred to a hospital for further medical treatment.
She also reported the incident at the school.
In court, the mother was confronted with the fact that in her statement to the police, she mentioned a stick and not a knobkierie, to which she replied that her son told her that it was a knobkierie.
An educational psychologist testified as an expert witness and told the court that the victim was a child of average intelligence, based on the tests she conducted. He was injured at a vulnerable stage of his development, and this resulted in him performing far below the accepted level for his age.
She further testified that the incident affected his emotional functioning and was now fearful and does not feel safe. He cannot write nor spell words and the more years go by, the more his performance drops.
It was said he can count but cannot apply numbers. She said she even identified him for placement in a special school because the incident negatively impacted his future development. It was further added that he lost out on the foundational phase of learning and has no educational potential.
The court also heard testimony from an industrial psychologist who said that the incident has negatively affected the boy psychologically and he will struggle to obtain Grade 12. As it is, he failed Grade 3 and going forward, he will only be employed in the informal sector doing unskilled labour and mostly light work.
On behalf of the mother, the industrial psychologist submitted a report stating the calculation of damages suffered by the victim.
Judge Ronald Deon Hendricks said he was not bound to follow the report of damages compiled by an industrial psychologist because the person was not a qualified actuary.
"This court has an unfettered discretion, to be exercised judiciously, to determine an amount of damages that is just, fair and equitable."
The judge further added that the victim didn't lose the use of his hand and neither has he been rendered disabled in that regard.
"He suffered pain and discomfort for approximately two weeks in total, received medical treatment at a clinic and in hospital, and there is no evidence of any permanent disability," he said.
He said that there was no evidence that the victim will in future not overcome his fear and anxiety.
"The fact that he failed Grade 3 cannot be ascribed to what happened to him in Grade R, as he passed Grade 1 and 2 after the incident," said judge Hendricks.
Judge Hendricks awarded the victim R30,000 for damages and ordered the MEC of education to pay for the cost of the application.
sinenhlanhla.masilela@iol.co.za
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