MEC for Education, Western Cape Province v Strauss

The respondent, an educator employed at a public school (Paarl Girls’ High School) in terms of s 20(4) of the South African Schools Act 84 of 1996, was injured on 12 February 2001 when struck by a discus thrown by a learner during a training session. She was conducting discus training pursuant to instructions from school authorities and alleged she was remunerated as an independent trainer. She instituted a delictual damages claim against the MEC for Education, Western Cape, relying on the MEC’s own alleged negligence and vicarious/state liability under s 60 of the Schools Act. The MEC raised a special plea that the claim was barred by s 35(1) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), which excludes common-law damages claims by employees against employers for occupational injuries.

The appeal was upheld with costs. The special plea was upheld, and the respondent’s claim based on s 60 of the South African Schools Act was dismissed. The respondent was ordered to pay the costs of the Rule 33(4) application and the postponement, including the costs of two counsel.

The case clarifies the interaction between s 60 of the South African Schools Act and s 35 of COIDA, confirming that the State cannot be held liable under s 60 where the public school, as employer, is shielded from delictual liability by COIDA. It reinforces the principle that COIDA provides an exclusive compensation regime for occupational injuries and limits attempts to circumvent it through statutory state-liability provisions.