A North West family of five has been awarded R750,000 in damages following the tragic incident that led to their 14-year-old falling to her death during a school’s event at the Mmabatho Stadium while unsupervised.

Basic Education Minister Siviwe Gwarube, North West Education and Sport Development MEC Viola Motsumi, and the school governing body (SGB) of Mojamorago Primary School in Moshawane, Mahikeng, were ordered by the North West High Court to pay the five members of Kebareng Mokoto’s family R150,000 each for their pain and suffering at an interest rate of 7.75% from the date of issue of summons to the date of payment.

On Friday, Acting Judge Charlotte Oosthuizen-Senekal held the defendants (Gwarube, Motsumi, and the SGB) liable, jointly and severally, the one paying the other to be absolved, for the damages suffered by the plaintiffs (Kebareng’s family) arising from her death.

The family had filed a claim for R3 million in damages or R600,000 each over the July 2019 incident.

Acting Judge Oosthuizen-Senekal described the case as illustrating, with stark clarity, the heavy-duty of care that rests upon schools and education authorities to protect learners, particularly during school-sanctioned events beyond the classroom.

“It also underscores the anguish of parents and siblings who must pick up the pieces of their lives after such a calamity, bearing psychological wounds that no monetary compensation can ever truly heal, yet which they now ask this court to recognise and redress,” said the acting judge.

She continued: “In the present matter, it is clear that the defendants (minister, MEC, and the SGB) failed to provide accessible and safe bathroom facilities, allowed children to wander unsupervised into hazardous areas, failed to control overcrowding, and ignored the foreseeable risk of children accessing dangerous elevated sections of the stadium.”

In their claim for compensation, the mother, Emily Moeemang Mokoto, Steven Digane Mere, Lebogang Mokaleng, Itumeleng, and Tshegofatso Mokoto detail their psychological trauma, emotional shock, and grief they have suffered as a direct consequence of the incident.

On July 19, 2019, Kebareng fell to her death from the top of Mmabatho Stadium during a school-organised arts and culture event.

Evidence presented in court showed that the incident occurred when the deceased and her classmate requested permission from their teacher to use the bathroom facilities at the stadium.

The teacher permitted them to go unaccompanied, offering no further guidance or supervision. In the absence of adult assistance, the two learners approached other children for directions and ascended to the top level of the stadium in search of the bathrooms.

This was after their teacher refused to accompany them and explicitly denied responsibility, stating: “I don’t know where the toilets are, and I don’t want to be involved in the toilet issue.” At the top level, Kebareng complained of dizziness and subsequently fell and died.

Her mother testified that, upon being informed of the accident, she rushed to the stadium where she found her daughter’s lifeless body lying on the ground, covered by a silver plastic sheet.

Acting Judge Oosthuizen-Senekal found her testimony, describing both the harrowing moment of that discovery and the devastating emotional impact on herself and the family, was credible and compelling.

“It underscored the profound consequences of the defendants’ negligence, not only in the tragic loss of a young life but also in the enduring psychological harm inflicted upon those left behind.

“Her account accords with the uncontested expert evidence and demonstrates that the harm suffered by the plaintiffs goes well beyond ordinary grief,” reads the judgment.

The mother also testified that, in the aftermath of the tragedy, neither the Department of Education nor the school rendered any meaningful support or assistance to her or the bereaved family.

Acting Judge Oosthuizen-Senekal found that teachers and school officials act in loco parentis, assuming a duty of care to protect children under their supervision as prescribed by the South African Schools Act 84 of 1996.

The matter came before Acting Judge Oosthuizen-Senekal as an application for default judgment after the previous minister and MEC, as well as the SGB, initially filed a notice of intention to defend and a plea, but subsequently failed to comply with an order compelling discovery, and as a result, their defence was struck out in August 2022, enabling the family to proceed unopposed.

On compensation, the acting judge found that the court is acutely mindful that no amount of money can ever negate the loss of a child or sibling, and that while Kebareng’s death left a void in her family, that cannot be filled by any financial award.

“While damages cannot restore the life of Kebareng Mokoto or erase the anguish of her family, they serve an important purpose in holding public authorities to account for their negligence and in affirming the constitutional and common-law rights of those entrusted to their care,” she ruled.

The acting judge stated that the court’s award is, therefore, both recognition of the harm suffered by the family and a reaffirmation of the duty owed by schools and education authorities to safeguard the children placed in their charge.

The family’s lawyer, Eric Morweng, said they only received the judgment yesterday (Friday) by e-mail.

“We will be consulting with the family to consider the judgment. So far, we can’t comment on the judgment until we have fully consulted,” he said.

loyiso.sidimba@inl.co.za

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