A School’s Liability for Harm Caused by Bullying

On 28 April 2021, in the case of Mageni v Minister of Education of the Western Cape Education Department, the Cape Town High Court handed down judgment in favour of a parent in a case regarding the Western Cape Education Department’s (WCED) liability for damages suffered by a learner on the school’s premises.

The incident resulted in serious injuries sustained by the learner after bullying occurred on the premises of a public school registered with the WCED. The Court held that the WCED had a duty of care towards the learner and, as a result, the WCED was held liable for damages suffered.

The ISASA Policy Department has provided a case summary memorandum for ISASA member schools.

Liability for Bullying

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