'One of the deepest fears that haunts every parent is that their child may leave home for school one morning and never return.'
The family of a 14-year-old girl who tragically fell to her death during a school event has been awarded R750 000 in damages by the North West High Court in Mahikeng.
The incident occurred in July 2019, when the pupil fell from the top of Mmabatho Stadium during a school-organised arts and culture event.
She had been left unsupervised at the time.
Following the tragedy, five of the girl’s close family members sued the state for R600 000 each – a total of R3 million – claiming compensation for psychological trauma, emotional shock, and grief.
The minister of education, the North West MEC for education, the primary school, and the school’s governing body (SGB) were cited as defendants.
North West primary school pupil falls to her death
The court heard evidence from the girl’s mother and an expert witness.
It was established that the incident unfolded after the 14-year-old girl and another pupil asked their teacher for permission to use the stadium’s bathroom facilities.
The teacher allowed them to go without supervision and gave no further guidance.
The duo then sought directions from other pupils and ended up climbing to the stadium’s upper level in search of the bathrooms.
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While there, the girl complained of dizziness and fell to her death.
The mother testified that, upon being alerted to the accident, she rushed to the stadium and found her daughter’s lifeless body on the ground, covered by a silver plastic sheet.
She also said that neither the Department of Education nor the school provided any meaningful support to the bereaved family afterwards.
Psychologist testimony
Clinical psychologist Lenmarie Stanton described the effect of the tragedy on the family as both “profound” and “enduring”.
Stanton testified that the five family members developed clinical disorders directly linked to the trauma, not to any pre-existing conditions or external factors such as medication, drugs, or alcohol.
She recommended intensive psychotherapy for the family, beginning with weekly sessions for six months, followed by monthly sessions for another six months.
Psychopharmacological treatment might also be necessary.
North West High Court judgment
In her judgment, Acting Judge Charlotte Oosthuizen-Senekal opened with a poignant reflection on the devastating impact of a child’s death.
“One of the deepest fears that haunts every parent is that their child may leave home for school one morning and never return.
“Each day, thousands of parents entrust schools and teachers with their children, believing they will be kept safe, nurtured, and properly supervised.
“Siblings, too, say goodbye in the morning, expecting to be reunited later that day.
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“When tragedy strikes, however, that trust is shattered, and families are left to endure indescribable pain and grief,” the introduction of the judgment reads.
The judge emphasised the obligation of schools and education officials to protect pupils, especially regarding activities organised outside regular classroom settings.
“It also underscores the anguish of parents and siblings who must pick up the pieces of their lives after such a calamity, bearing psychological wounds that no monetary compensation can ever truly heal,” she said.
Teacher’s conduct criticised
Oosthuizen-Senekal pointed out that the minister, MEC, school, and SGB failed to oppose the damages claim.
Although they initially submitted a notice of intention to defend and a plea, they did not follow through, leaving the mother’s and psychologist’s evidence uncontested.
The court found that allowing children to roam unaccompanied in such an environment fell short of the reasonable care required by law.
It also highlighted the teacher’s response.
“This dismissive attitude, coupled with the absence of supervision or clear directions, created a situation of risk,” the judgment further reads.
“The teacher’s conduct and the absence of safety measures are indicative of negligence by those entrusted with the children’s care.”
The court held the defendants jointly liable, ordering them to pay R150 000 to each family member, with interest at 7.75% from the date of summons until final payment.
They were also ordered to cover the family’s legal costs.
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