The North West High Court located in Mafikeng has ruled that the province’s education MEC, Ntsetao Viola Motsumi, must pay R30,000 in damages to the mother of a Grade R student who was hit by his teacher with a stick in 2015.

At the time of the incident, the boy was just five years old and came home with a bruised, blue hand, necessitating medical care at both a clinic and a hospital. Initially, the mother had sought R7 million in damages, citing projected medical costs, pain and suffering, as well as her son’s diminished quality of life.

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Long-Term Impact of the Incident on the Child

Throughout the court hearings, an educational psychologist testified that the incident occurred during a vital developmental stage, leading to lasting emotional and educational difficulties for the boy. She characterized him as a child with average intelligence before the attack but recognized a decline in his academic performance afterwards.

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“He has developed anxiety and no longer feels safe. His skills in writing and spelling have drastically declined, and he has been recommended for enrollment in a special school due to inadequate educational potential,” the psychologist explained.

An additional assessment carried out by an industrial psychologist indicated that the boy’s future career opportunities might be confined to low-skilled jobs in the informal sector.

Conclusions of the Court

In spite of these claims, Judge Ronald Deon Hendricks concluded that the boy did not suffer any lasting physical disabilities or impairment of hand function. He also stated that the boy’s academic decline could not be entirely attributed to the Grade R incident, as he had completed Grades 1 and 2 successfully afterward.

“The pain and discomfort lasted about two weeks, and there is no evidence suggesting his anxiety and fear cannot be addressed in the future,” Judge Hendricks noted.

The court awarded R30,000 in damages, deeming this amount fair and appropriate, while also ordering the MEC to cover the legal costs linked to the case.

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This verdict highlights the judiciary’s crucial role in assessing damages, emphasizing the need to balance expert testimonies with the actual repercussions of an event.

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