Liability For Harm in Case of Negligence of a School

On 13 February 2023, the Supreme Court of Appeal of South Africa delivered an order on the matter of whether a school hosting a sports tournament took reasonable steps to ensure the presence of competent and suitably-equipped first aid providers.

In this matter, which concerned a public school, the North West Member of Executive Committee (MEC) was found liable for damages suffered by a learner as a result of the negligence and incompetence of the first aid personnel appointed by the school.

This order has implications for all schools in South Africa, and the ISASA Legal and Policy department has developed an explanatory memorandum for member schools. The document is available for download below.

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Liability for Harm Negligence

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