Pretoria - The mother of a special needs child who was stabbed by criminals in the head when he was allowed to leave the school premises without any supervision may proceed with her claim for damages against the Gauteng Education Department.
The department objected to the claim, saying the mother didn’t follow the law in issuing her summons late.
The mother, who cannot be named to protect her son (no age given), said as a lay-person she had no idea that she had to adhere to a time frame in issuing her summons.
She instituted action in her personal and representative capacity as a mother and legal guardian of her child with special needs, whom she said was born with cerebral palsy, “mental retardation and muteness”.
While no details of the incident were given at this stage, she blamed the department for the incident in which her son was assaulted. She said the teachers and assistants at the special needs school were negligent in allowing her son to exit the gates without being accompanied or assisted by anyone.
As the employer of the teachers and assistants, she said the department was responsible for their actions. The mother said in court papers that it held direct control, authority and responsibility over the school as a public school for special needs.
The incident occurred on August 16, 2016 when the child was violently assaulted and stabbed with a sharp object in the back of his head during school hours. He suffered a severe head injury and extensive scarring at the back of his cranium, and received medical treatment at Dr George Mukhari Academic Hospital in Pretoria.
The mother said he suffered complications from the injury and his mental state had worsened.
Although she consulted a lawyer regarding the incident, she only did so long after the six months the law prescribed for a claim to be instituted.
The summons was only issued in February 2020 and served on February 20, 2020. The department was also notified about the intention to issue the summons.
Acting Judge PN Manamela said in cases where notice of intention to litigate against the State was late, a person must demonstrate that “good cause” existed for the failure by the creditor to give notice timeously.
She accepted the mother’s explanation that she was ignorant of the law. The fact that she had stated that her child’s condition had worsened as a result of the incident warranted a full report from medical experts.
The judge said the department would not be prejudiced if the mother was allowed to proceed with her claim.
Pretoria News