DailySun
The North West High Court in Mafikeng has ordered the province’s education MEC, Ntsetao Viola Motsumi, to compensate the mother of a Grade R boy with R30,000 for damages after his teacher struck him with a stick in 2015.
At the time, the boy was just five years old and came home with a bruised, blue hand that required medical care at both a clinic and a hospital. Initially, the mother sought R7 million in damages, citing concerns over future medical expenses, pain, suffering, and a diminished quality of life for her son.
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Long-Term Impact of the Incident on the Child
During the court hearing, an educational psychologist testified that the incident occurred during a significant phase of the boy’s development, leading to lasting emotional and educational difficulties. She portrayed him as a child of average intelligence before the incident, but noted a decline in his academic performance afterward.
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“He has developed anxiety and feels insecure. His writing and spelling skills have notably declined, and he has been recommended for placement in a special school due to inadequate educational potential,” the psychologist explained.
Additionally, an assessment by an industrial psychologist indicated that the boy’s future employment opportunities may be limited to low-skilled roles within the informal sector.
Court’s Findings
In spite of these claims, Judge Ronald Deon Hendricks asserted that the boy did not suffer any permanent physical disabilities or loss of functionality in his hand. He also pointed out that the boy’s decline in academic performance could not be exclusively attributed to the Grade R incident, as he successfully completed Grades 1 and 2 afterward.
“The pain and discomfort lasted approximately two weeks, and there is no evidence suggesting that his fears and anxieties cannot be addressed in the future,” Judge Hendricks remarked.
The court awarded R30,000 in damages, deeming this amount fair and reasonable, and also instructed the MEC to cover the legal costs associated with the case.
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This decision emphasizes the judiciary’s responsibility in assessing damages and the importance of balancing expert opinions against the actual ramifications of incidents.
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