Durban - A Durban schoolboy who was allegedly raped by his teacher is suing the national and provincial education ministers for damages, saying they had a duty to ensure he was safe while at school.
According to court papers filed in the Durban Regional Court, the 11-year-old boy, who cannot be named, alleges he was sodomised by the teacher on numerous occasions between July 2013 and January last year, at or near the school premises.
The boy, who is being assisted by his mother, is suing for R400 000 for general damages – for emotional trauma and because he has not been able to return to school because of intimidation – and R50 000 for medical treatment and counselling expenses.
The Education Department has filed a notice of its intention to defend the matter, but has not, as yet, filed details of its defence.
The teacher has also been cited as a respondent and has indicated that he would defend the matter.
The school and teacher are not being named to protect the identity of the pupil.
According to a medical report attached to the summons, the boy only disclosed that he was assaulted by a “bad man during lunch break” after his mother confronted him.
She had received an anonymous call saying “be wary” because a teacher was abusing her son.
The doctor who examined him at the Addington Crisis Centre noted that the boy was “very shy and introverted”.
An examination supported the allegation of anal penetration.
The documents said the teacher abused his authority and that the boy did not give consent or have the capacity to have given informed consent for sexual activities.
The papers argued that the school and the department had a duty of care and were responsible for the “safety and security” of all pupils at schools and during school hours and had failed to prevent the assault on the boy.
As a result of the abuse, the boy had suffered “emotional and psychological trauma” and was fearful of interacting with people. The boy had undergone counselling.
A criminal charge has been laid against the teacher in respect of the assault on the boy, and his trial is pending before the Durban Regional Court.
According to a report from the KwaZulu-Natal Education Department to the provincial legislature in January, there were 11 finalised cases of sexual assault against the province’s teachers and six cases of sexual harassment. The report said sexual violations against children remained a concern and the department had a “zero tolerance approach” for such cases.
The Education Department did not respond to a request for comment on Sunday.
* Comments have been closed to protect the identity of the minor or minors mentioned in the article.
The Mercury