MEC appeals payout to pupil

Eastern Cape MEC for education, Mandla Makupula has appealed against a Grahamstown Magistrate’s Court order to pay close to R140000 for damages and future medical costs to a pupil who was kicked by a teacher.

The incident happened in 2014 at Mary Waters High School in Grahamstown, where a teacher kicked a Grade 9 pupil, causing him to “slouch”.

The matter was brought to court by the pupil’s mother, Andrea Nadia Moody on behalf of her son, Kevin Tiffan Prince.

In 2015, the court ordered the MEC to pay R130000 for damages and R7967.80 for future medical costs.

“The award was made for injuries sustained by the respondent and their sequelae [condition] as a consequence of an unlawful assault on him by an employee of the appellant [Makupula] while acting within the course and scope of his employment with the appellant.”

According to the court papers on March 3 2014, Kevin and other pupils were talking and making a noise when a teacher [identified only as a Mr Klass] told them to keep quiet.

“After the departure of Mr Klass from the classroom, Kevin decided to leave the place where he had been seated”, to sit where he normally sat, the court papers read.

“Unbeknown to him, Mr Klass had returned to the classroom and he kicked him on his back, causing him to slouch. Mr Klass said that what had just happened to him should serve as a lesson for all.”

It was said in court that Kevin had remained in a slouched position for the rest of the day due to the pain in his back, and a friend carried his bag home.

Kevin was unable to move his left arm and stayed home for three days, read the judgment.

The judgment stated that Kevin allegedly attempted to commit suicide twice after the incident. — arethal@dispatch.co.za

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