The Western Cape Department of Social Development and an unregistered daycare centre in Pinelands have been found responsible for the death of a baby, and will be expected to pay an undetermined amount in damages.
Ava Barley’s parents, Craig and Riette, sued the department and Catherine Moore, owner of Aunty Dawn’s Daycare Centre, in the Western Cape High Court.
Five-and-a-half-month-old Ava died in 2010 after Moore put her on her bed and left the room. When she returned, Moore found Ava on the floor and no longer breathing.
Chris Smit, attorney for the Barleys, said: “As legal representatives, we are very satisfied with the ruling. This is a very favourable outcome and a landmark case because it will set a precedent for holding the government accountable for failing to comply with its duties.
“If the department had complied with its obligations after having received Ms Moore’s application for the registration of her daycare centre, the risk of Ms Moore leaving little Ava unattended on the bed alone would have been eliminated.”
Department spokesperson Sihle Ngobese said: “We are studying this judgment and will comment fully at a later stage.”
Smit said that, despite numerous promises by the department to register all early childhood development facilities, “an estimated 1 500 daycare centres” are unregistered.
Judge Daniel Dlodlo said the department is the primary agency of the state responsible for the discharge of its constitutional duty to protect the rights of infants in early childhood development facilities, and that it had failed to act in accordance with its obligations.
The judge added that the department will be liable for failing to comply with its constitutional and legislative duty to protect Ava.
The department has 20 days to appeal. The damages will be determined at a separate hearing.