Education MEC ordered to pay damages after pupil burnt by acid

The Northern Cape High Court ruled that the MEC of Education Zolile Monakali, is liable for damages, seven years after a pupil was burnt by acid in a school bathroom.

The incident occurred on 12 October 2015, when the victim, named as T in court papers, was 11 years old.

On the day, the victim went to a bathroom with his friend at a school in Kimberly. After using the toilet they realised there was no water to flush. They then saw a container with liquid inside, which they assumed was water.

The victim used the liquid in an attempt to flush the toilet but the liquid started “boiling”, he told the court.

Burnt by acid

During court proceedings, the liquid was identified as acid that is used to clean drains.

“Having discovered that this was not water it seems a process of experimentation followed. This ultimately resulted in the victim or another learner pouring this drain cleaner into the urinal. Ultimately, this experimentation resulted in the drain cleaner splattering and burning the victim,” said Judge Lawrence Lever.

The victim suffered chemical burns to his head, face and body and was rushed to the hospital for medical treatment.

The father of the victim then sued the department of education for damages as a result of the burns his son suffered on the school premises.

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School employee was negligent

The court heard that an employee at the school, named as Mr Mokopaneng, was the person who used the acid to unblock the drain.

Mokopaneng told the court that he left the acid in the bathroom when he went to have lunch as he had not yet managed to unblock the drain. It was during this time that the two pupils found it.

The MEC’s lawyers argued that the victim was responsible for the injuries they suffered, saying that “the victim was the author of his own misfortune.”

However, the victim testified that he had no prior knowledge about acid and he had never come in contact with it before.

It was also found that Mokopaneng was negligent by leaving the acid in the bathroom where pupils could come into contact with it. Mokopaneng had also been instructed to lock the acid in an office when not in use.

Judge Lever found that Mr Mokopaneng failed to follow this instruction.

“The first defendant is the political head of the department of education in this province. As such is responsible for the wrongful, negligent and/or delictual conduct of the employees of the said department carried out within the course and scope of their employment,” said Judge Lever.

The judge ruled in favour of the father and the pupil and ordered MEC Monakali to pay for all the damages that the victim suffered.

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