A Mpumalanga court has ruled that a teacher may proceed to sue the education department for damages and loss of earnings after he was attacked in his class. The incident happened at Bergvlam High School in Mbombela, in March 2018.
Richard Prinsloo was a teacher for 25 years. He suffered fractured ribs and injuries on his eyes and head. After the attack he resigned, stating that he suffered from post-traumatic stress disorder.
In a video which was aired on local television news channel, a grade 10 pupil was seen punching the teacher before he was restrained by another pupil. The incident was allegedly sparked by remarks which were made by Prinsloo about the pupil’s mother who had recently died from a car accident.
The teacher said the department had a duty to protect him and support him after the attack. The judge said he could not conceive of the risk of assault being incidental to teaching. Therefore, the jury did not fall under the Compensation Act.
A court ruling paved way for the teacher to sue the Mpumalanga Department of Education for R8 million for loss of income and damages after he was attacked by the learner in the classroom.
While Prinsloo laid a criminal charge against the pupil, the matter was withdrawn by the magistrate who directed that the pupil continues seeing a psychologist and also attend a National Institute for Crime Prevention and the Reintegration of Offenders (NICRO) anger management programme.
The Department raised objections for the case not to proceed against them, saying the case should not proceed because it had little prospect of success and Prinsloo had not timeously issued a notice required in law that a party intends to sue an organ of state.