GroundUp reports that a court ruling has paved the way for a teacher to sue the Mpumalanga Department of Education for R8-million for loss of earnings and damages after he was attacked in his classroom by a learner.

The incident occurred at Bergvlam High School in Mbombela in March 2018. Richard Prinsloo suffered fractured ribs and injuries to his head and his eyes. He resigned, citing post-traumatic stress disorder. A video of the incident was aired on a local television news channel, showing the grade 10 learner repeatedly punching Prinsloo before being restrained by fellow learners. The incident was apparently sparked by remarks Prinsloo made to the learner regarding his mother who had recently died in a car accident. While Prinsloo laid a charge against the learner, this was later withdrawn by a magistrate who directed that the learner continue seeing a psychologist and attend an anger management programme. Prinsloo argued that the department had a duty to protect him and to give him support after the attack. Amongst other objections, the department took the view that Prinsloo should claim under the Compensation for Occupational Injuries and Diseases Act (COIDA) because the injuries arose “out of and in the scope” of his employment. The Act, the department said, precluded him from suing the department. But Mbombela High Court Judge Takalani Ratshibvumo ruled against the department. Regarding the Compensation Act, the judge said: “The question rightly to be asked is whether the act causing the injury was a risk incidental to his employment. I am unable to see how an assault on a teacher on duty at school arises out of his employment … I cannot conceive of the risk of assault being incidental to teaching.” The main matter will now be set down for hearing.

• Read the full original of the report in the above regard by Tania Broughton at GroundUp

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