Parktown High School for Girls v Hishaam and Another

A minor, Naqeeb Emeran, attended a paid fashion show held on the premises of Parktown High School for Girls. The event was organised by the school’s Representative Council of Learners (RCL) as a fundraising activity. While on the premises, Naqeeb leaned on a concrete table with an unsecured circular top, which flipped over and crushed his hand, causing serious injury. His father sued the school for damages, alleging negligent failure to ensure the safety of members of the public. The school raised a special plea that, in terms of s 60 of the South African Schools Act 84 of 1996, the claim ought to have been instituted against the provincial MEC (representing the State) and not against the school itself.

The appeal was upheld with costs, including the costs of two counsel. The order of the High Court was set aside and replaced with an order upholding the school’s special plea and dismissing the plaintiffs’ claim with costs.

The case clarifies the allocation of delictual liability between the State and public schools under s 60 of the South African Schools Act. It confirms that, where a claim arises from a ‘school activity’, the MEC representing the State is the sole correct defendant, unless the narrow exemption in s 60(4) applies. The judgment provides important guidance on the meaning of ‘business or enterprise’ and limits attempts to impose liability directly on public schools for learner-organised fundraising activities.