Education department sued for R8m after boy burnt in school lab

A Gauteng family is suing the provincial department of education for R8 million after a nine-year-old boy was burnt with a dangerous chemical obtained from an “unlocked” school laboratory.

It is alleged that then seven-year-old Onkarabile Thobowa and other 25 pupils from Phororong Primary School in Khutsong, on the West Rand, were at a colouring event hosted by the school when they ran out of paint and went straight to the laboratory.

They apparently took a dangerous chemical thinking it was a paint and smeared one another with it.

After the incident, all the children sustained minor injuries, while Onkarabile was badly burnt and recently doctors confirmed that one of his ears had been permanently damaged and he now had to use a hearing aid.

Also read: West Rand pupil, 9, burnt in lab accident still suffering

Department sued

Onkarabile’s mother, Beauty Thobowa, told The Citizen the family decided to take legal action after realising the department was not taking responsibility for what happened to the boy.

“Yes, it is true that we are launching litigation against the department of education for the damages caused by their negligence,” said Thobowa.

“Our legal representatives have already sent them a letter of demand and they have not yet indicated whether they are willing to attend to the issue. We will then continue with the lawsuit.”

Thobowa believed that if the department assisted the family to take the boy to a private health institution or specialist, the damage could have been prevented.

“My son was injured at school due to the negligence of the school employees as witnesses told us that they forgot to lock the laboratory,” she said.

“Since he was injured at school, the department should have assisted us with his medical expenses.

“The only support I received was from the school principal and the [school governing body] members. They transported him to Potchefstroom Hospital where he was being treated.”

The mother said doctors have recently confirmed that the acid damaged the boy’s inner part of his ears.

Thobowa, who is unemployed, said it was hard to take care of the medical bills as her son still needed to undergo further medical assessment.

She said the fact that the department did not assist her son with medical expenses was an indication that they did not want to take responsibility for what happened.

“All the affected parents were adamant that the department would assist with medical expenses since the incident happened at school’s premises, but that did not happen,” she said.

“Other parents were fortunate because their children were slightly affected while mine sustained serious injuries as he was burned in the face.”

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Families demand millions for damages

The Citizen has seen a letter of demand stating that “of the R8 million, R6 million is for general damages, R500 000 is for past medical expenses, while R1.5 million is for future medicinal expenses”.

She also accused the authorities of refusing to share their investigation outcome.

She had shared screenshots of e-mails where she was communicating with the department’s director of investigations, who declined to share the outcome with her.

“Our standard operational procedure is not to share or release the report to the complainants. We do not distribute the report to protect the witnesses and participants interviewed during the investigation,” the e-mail read.

Yesterday, Gauteng department of education spokesperson Steve Mabona said: “The department can confirm that the investigation is underway, and the update will be communicated accordingly.

“We have not yet received any summons or letter of demand.”

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