Pro Tempo Akademie CC v Van der Merwe obo H Van der Merwe

A 13-year-old learner, Jaco van der Merwe, who attended a school catering for children with learning disabilities, was seriously injured while playing cricket on the school playground. The school, owned and operated by Pro Tempo Akademie CC, had planted young saplings in the playground and supported each with a steel dropper protruding approximately 30 cm above the tree. During play, Jaco either sat on or leaned against one of the steel droppers and was impaled, suffering severe injuries to his rectum and bladder requiring surgery. His mother, acting as his guardian, sued the school for damages based on negligence. The High Court found Pro Tempo negligent and 80% liable, and Pro Tempo appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. The High Court’s order holding the appellant 80% liable for the learner’s damages was upheld.

The case reaffirms that schools owe a high duty of care to learners, especially vulnerable children, and that creating dangerous conditions in playgrounds constitutes negligent and wrongful conduct. It confirms that positive conduct causing physical harm is prima facie wrongful and that public policy will not lightly exclude liability where children are injured at school. The judgment strengthens the application of established negligence principles in the context of child safety and educational institutions.