Long & another v Jacobs

The respondent, Ms Tania Megan Jacobs, was a Grade 8 educator at Rhodes High School, a public school in the Western Cape. On 27 September 2001 a 13-year-old learner in her class, Bheki Kunene, assaulted her with a hammer during a lesson, causing serious bodily injuries. Earlier that day the respondent had discovered a death certificate and death threats directed at her in Kunene’s journal and reported this to school management. The learner was taken to the headmaster, the first appellant, who became aware of the death threats and called the police, but left the learner unsupervised outside his office. The learner escaped, returned to the classroom, retrieved a hammer from his school bag and attacked the respondent. The respondent sued the headmaster and the MEC for Education, Western Cape, who was cited as vicariously liable. The High Court found the appellants liable and awarded damages of R1 114 685.53. The appellants appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. The judgment of the Western Cape High Court awarding damages to the respondent was confirmed.

The case is significant for clarifying the delictual liability of school authorities and principals for negligent omissions where they are aware of a real and imminent risk of violence by a learner. It reinforces the application of constitutional norms and public policy in determining wrongfulness, and confirms the limited scope for appellate interference with trial courts’ discretion in apportionment of damages and assessment of quantum.