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ANALYSIS | Injury or death of a child at private ECD centres: Who is liable?

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A playground where four-year-old child died. (Mkhuseli Sizani, GroundUp)
A playground where four-year-old child died. (Mkhuseli Sizani, GroundUp)

Often the death or injury of a child is blamed on the state, but two SCA judgments show that this is not always a valid point of departure, writes Nicole Breen. 

On 16 September 2020, judgment was handed down in the Supreme Court of Appeal (SCA) in the matter of MEC: Western Cape Department of Social Development v Esau and Another.

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