School must pay damages for hammer attack

2012-04-02 18:27

Bloemfontein - The Supreme Court of Appeal held on Monday that Rhodes High School in Cape Town and the education authorities should pay damages to a teacher who was attacked with a hammer by a 13-year-old pupil.

Teacher Tania Jacobs was seriously injured when the teenager attacked her while she was a Grade 8 class teacher in September 2001.

The Supreme Court of Appeal (SCA) dismissed an appeal by the headmaster and the Western Cape education department and upheld an order of the Western Cape High Court for damages in favour of Jacobs.

The high court held the school and the department vicariously liable for the pupil’s acts and awarded damages to Jacobs.

The headmaster and the education department appealed to the SCA.

The SCA found that the headmaster was aware that the pupil had threatened to kill the teacher and should have taken the elementary precaution of keeping the pupil under his supervision.

The court held that it would interfere with an award made by a trial court only where there was a striking disparity between what the high court had awarded and what the SCA considered ought to have been awarded.

The SCA did not interfere with the damages amount awarded by the high court.

  • Cassandra Olivier - 2012-04-02 18:44

    Spare the rod spoil the child! Bring back corporal punishment at home and at school and stuff like this wont happen

  • Elkita - 2012-04-02 19:47

    siyadyosiba,your face says it all.Idiot.shame.Must be difficult for you.

  • Jacob Zooma - 2012-04-02 20:16

    Siyadyosiba - Your Province statistics tender I awarded you is really paying off! Viva corruption viva!

      siyadyosiba - 2012-04-02 21:00

      hahahaha thats damn funny

  • Gerrie - 2012-04-02 20:51

    News24 must disable comments because every damn article leads to some sort of racial debate. leave racism for the politicians and focus on the article at hand.

      Tony Lapson - 2012-04-02 21:30

      I know, it's sad. You would almost think its normal for humans to fight over every petty thing they can think of.....

      lytteot7 - 2012-04-02 22:06

      Yeah you are right. People don't debate the subject at hand BUT who raised the subject, where is happening and which race is involved. Unfortunately news24 won't disable the comments no matter how serious it can get, is how they make money.

      Bluemast - 2012-04-02 22:36

      I can't agree with you more Gerrie, for whatever reason most of the people on this forum totally forget what the topic is all about in the first place - sad!!

      Marina - 2012-04-03 08:23

      @Gerrie I think a lot of these stupid comments are made for the amusement of the "poster". I know of one individual who sets himself a target for thumbs down and then logs off. If we all ignore them they should eventually get bored and go somewhere else. Says she who has just posted a reply. LOL

  • Marina - 2012-04-03 08:16

    Abolish corporal punishment - this is what you get!

  • ludlowdj - 2012-04-03 10:30

    Government departments seem to spend most of their time failing there customers and then shouting about why they should not be held responsible. Schools have reached the point where they have effectively circumvented responsibility for the children and teachers in their care.

  • Ally - 2012-04-03 11:18

    So whatever happened to the kid? I hope the now 23-year-old is secured locked up.

      Vaaldonkie - 2012-04-03 11:59

      He's probably graduated to murder by now.

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