Education MEC held responsible for learner’s enjuries

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The negligence of staff members at a primary school in Kimberly saw the Basic Education MEC in the province having to suffer financial consequences.

This follows a court case that was brought forward to the Kimberley High Court of a boy who was 15 years old at the time, in 2015.

Presiding over the case Judge Lawrence Lever, heard that the victim, who cannot be named, went to the toilet and upon finishing he realized there no water as he was attempting to flush.

He instead used liquid found in the container nearby to flush assuming it was water, but he noticed that the liquid started to boil and making an experimentation process.

“This ultimately resulted in the victim and another learner pouring the drain cleaner into the urinal … the drain cleaner splattered and burned him. He suffered burns to his head, face and body and was taken to hospital where he received treatment for his burns” said Judge Lever when handing down the judgement.

Following the injuries suffered by the learner, an ambulance was summoned to the scene and the learner was transported to the hospital for medical attention.

In his defense, Education MEC in the province through his legal representative said the learner should be held responsible for his own injuries but the judge said the learner could not have known the contents in the container because he has not come across the said acid according to evidence he presented in court.

The evidence that was presented in court suggested that the said acid was supposed to be safely locked in the office premises instead of being left out in the open by the cleaner so it cannot be left in close reach on the minors.

Judge Lever rejected the cleaner’s version that he had stacked wheelbarrows against the gate of the toilet to prevent access as being “improbable”.

As a result his negligence was put on the MEC’s shoulders and was held responsible for the damages suffered by the learner.

He was ordered to pay all damages which can be proved and to pay costs.