Bernadette Wicks
Senior court reporter
2 minute read
25 Feb 2021
6:05 am

Dad takes fight to ConCourt after nursery school accident leaves child disabled

Bernadette Wicks

Application launched for leave to appeal against the Supreme Court of Appeal's ruling on the case in the ConCourt.

The Constitutional Court has declared section 1(1)(b) of the Intimidation Act of 1982 unconstitutional and invalid because it unjustifiably limited the right to freedom of expression. Archive photo: Ashraf Hendricks

A Western Cape father whose daughter was left disabled after a defective swing collapsed on her at a state-subsidised nursery school is taking his fight for justice to the Constitutional Court (ConCourt) on Thursday. In 2019, the Western Cape High Court in Cape Town found the MEC for social development in the province – then Albert Fritz, now Sharna Fernandez – liable for damages in the case. But last year, the Supreme Court of Appeal (SCA) set aside that finding. Now, the man is turning to the country’s apex court. The case raises important questions about who can and should...