In September of 2011, a headmaster at a small rural school in South Africa sexually assaulted a minor who was a learner at said school.
The young girl was so afraid after the assault that she didn’t tell anyone. About two weeks after, she disclosed the assault. At this stage, her mother was called, she was taken to a doctor, and the police investigated the matter.
The Western Cape Education Department (WCED), the employer of the headmaster, also investigated the incident. Unfortunately, both the police and the WCED found that there was no wrongdoing on the side of the headmaster, and as such, he stayed in the employment of the WCED and continued teaching at the school.
The mother of the minor approached Simpsons Attorneys. She wanted to find out whether the team would be able to assist her. After the incident, she reported that her daughter had severe behavioural and psychological issues. The young girl changed from being a happy and carefree child who loved school to a child who resented going to school and acting out.
As such, a civil claim for damages was instituted against the headmaster, as well as against the WCED and the school. The claim against the WCED and the school was based on the premise that they have to protect any learners in their care and failed to protect the minor in this instance.
After further investigation, it came to light that this was not the first incident of sexual assault in which the headmaster was involved with another minor. Despite this happening many years before he was employed by the WCED, the WCED still employed him and placed him in a position where he worked with minors every day. This further strengthened the argument that the WCED failed to protect the child. Both the headmaster and WCED refused to admit any liability on their side, and as such, the matter went to Court in the Cape Town High Court.
In March 2022, Judge Sher delivered judgement on the matter. The Judge found that the headmaster should be held liable for his actions and the WCED as they must protect learners under their care. In his judgment, the Judge said that perpetrators such as the headmaster should not be allowed to get away with their actions.
The headmaster and the WCED are thus jointly and severally held liable for the damages that the plaintiff may prove she suffered. The Judge also found that the matter should be referred back to the Department of Public Prosecutions. The WCED should also further investigate the incident as they erred in their earlier decisions not to take the matter further and allow the headmaster to teach.
Sometimes, it may feel like your situation is impossible to win. The team at Simpsons Attorneys are here to fight for you and your loved ones. We will support you with only the best advice and care possible throughout the process.
Contact us today if you need help.
