The Member of the Executive Council, Education, North West Province v Izak Boshoff Foster & Others

During a school rugby tournament on 6 May 2006 hosted by Hoër Volkskool Potchefstroom, the first respondent, an 18-year-old learner from Hoërskool Lichtenburg, sustained a neck injury after being tackled and having another player fall on him. He was then carried off the field by first aid personnel without immobilisation of his neck using a spine board or neck brace, despite his protests. This improper handling caused a second and more severe spinal cord injury, resulting in permanent paralysis. The rugby match was a school activity under the authority of the MEC for Education, North West Province. The claim concerned liability for the second injury caused by negligent first aid treatment.

The appeal succeeded only in respect of costs. The finding on liability against the MEC was upheld. The punitive costs order of the High Court was set aside and replaced with an order that the MEC pay the first plaintiff’s costs on an ordinary scale, including the costs of two counsel. The MEC was ordered to pay the costs of the appeal.

This case confirms the scope of state liability under section 60 of the South African Schools Act for injuries arising from school sporting activities. It underscores the duty of public schools, acting in loco parentis, to ensure competent and adequately equipped medical and first aid services at high-risk sporting events. The judgment also clarifies that appointing an independent contractor does not absolve a school of liability where reasonable steps to verify competence are not taken.