MEC for Education: Mpumalanga v Skhosana

A twelve-year-old Grade 5 learner, Solomon Skhosana, was injured when a device with protruding copper wires exploded after he connected it to a small torch battery at school. Earlier that day, during a technology lesson at Tjhidelane Primary School, a teacher had confiscated a similar wire-and-copper device from another learner, Mbali, because it was a distraction. The teacher did not investigate the nature or danger of the device. After school, Mbali again had possession of such a device and gave it to Solomon, instructing him to connect it to his battery. When he did so while waiting for transport outside the school gate, the device exploded, causing injuries to his forearms, stomach and legs. Solomon’s mother sued the Mpumalanga Provincial Government, represented by the MEC for Education, alleging negligent conduct by the teacher, for which the state was vicariously liable.

The appeal was dismissed with costs, including the costs of two counsel, and the finding of liability against the MEC for Education: Mpumalanga was upheld.

The case affirms the application of general delictual principles of negligence to the school environment and clarifies the standard of care expected of teachers when learners are in possession of unfamiliar or potentially dangerous objects. It underscores the duty of educators to make reasonable enquiries and take preventative steps to protect learners, and confirms state vicarious liability for negligent acts or omissions of teachers.