KZN MEC loses appeal against ex-pupil

2012-06-05 10:05

Johannesburg - KwaZulu-Natal education MEC Senzo Mchunu lost an appeal against a man who suffered an eye injury at Gcwalulwazi High School near Eshowe nine years ago, according to a report on Tuesday.

The Supreme Court of Appeal on Friday rejected Mchunu's appeal with costs, the Witness reported online.

Simphiwe Shange, aged 15 at the time, was hit in the eye by a belt buckle while the deputy principal allegedly hit another pupil with the belt.

Shange was told his injury was "a mistake" and accepted this for three years until he was encouraged to contact the public protector.

The court noted that adults had failed Shange and that there was a strong case for him to proceed with legal action against Mchunu.

  • Christopher - 2012-06-05 10:14

    6 years ago he went to the public protector...So six years of tax payers money has been squandered on courts, briefings, travel, judges, prosecuters, and still more legal action to come.

  • Dhavandran - 2012-06-05 10:36

    hope justice prevails or they will now look at the powers of the public protector to find a loophole to escape this one.

  • zama.mhlongo.14 - 2012-06-05 10:41

    I'm telling you this will lead to more and more people claiming against injuries that were incurred whilst being corporally punished. I for one support pupils being disciplined for the wrong they did, but some educators take it to another level, it seems more personal than just punishment. Hard luck Senzo Mchunu, talking about icala aliboli 'a case doesn't expire'(lose translation). Way to go Mr Shange, you are 24 now, take it further my brother.

  • Johan - 2012-06-05 11:25

    Go for it Simphiwe, every time you want to read something you are reminded about this teacher who lashed out at you fellow student for doing something the teacher thought was wrong. I get sick to my stomach when "adults" try to justify the stupidities. Hope you get a few millions out of this.

  • Julio - 2012-06-05 11:44

    It's a pity that we, the tax payers, have to foot the bill for these incompetent idiots' mistakes. The just thing to do would be for the culprit to pay the legal costs from his own pocket or forgo his fat pension which he doesn't deserve.

  • Loo - 2012-06-05 14:06

    ANY firs year law student will be able to tell you that the education system was indirectly Liable for the damage. WHY in hell this went through such a long process only they know. the government even have funds such as the road accident fund for exactly the same type of occurrence . .in this case even more so as it was a criminal act of violence by a teacher that lead to a third party being injured. How they could have even thought that they would win this case is waaaayyyyyy above me.. OR below me , come to think of it.

  • Bless Boswell - 2012-06-05 16:37

    Congratulations to Simphiwe for standing up for himself. It will stand him in good stead for the future. Life isn't for sissies.

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