The Department of Education is expected to pay a Pietermaritzburg family more than R1 million for failing to act when a 12-year-old schoolgirl was sexually abused at a special needs school in Durban, despite the incidents being reported to them.
The girl’s mother, who cannot be named to protect her daughter’s identity, sued the department and the alleged attacker was arrested twice, only for the charges to be withdrawn.
The incident was reported to the school in 2009 and the young girl has never returned to the facility, said the family’s lawyer, Kooben Chetty.
Her mother decided to take on the department, believing that officials should have taken stronger measures against the man. He is now 64.
On Thursday, the girl and her mother went to the Pietermaritzburg High Court expecting the civil trial, which was set down for three days, to start.
But the department’s legal team informed the court they conceded liability and asked for the matter to be adjourned until June 26 for the issue of payment to be finalised.
When the victim was 12, she was raped and sexually assaulted at the school by the man, who was employed at the school as a caterer.
The girl said he would rape or sexually abuse her in different areas of the hostel and would give her money in exchange for her silence.
The incidents of abuse came to light during a talk at school one day when the victim confided in a teacher, who then told a colleague.
The vice-principal was made aware of the incidents and the girl’s mother was called to the school.
A charge of rape was filed against the man. He was arrested, but after many appearances in Verulam Magistrate’s Court, the charges were withdrawn.
In 2010, the charges were reinstated and transferred to the Durban Regional Court, where the charges were again withdrawn.
In court papers filed against the Education MEC and the caterer in 2013, the mother claimed the department had not taken the necessary steps to ensure that the employees, including the accused, were properly screened and suitable for employment in a school that catered for the physically impaired.
She said the department failed to ensure her daughter’s safety at the school and did not act timeously when told about the sexual exploitation and abuse.
“She left the school and failed to complete her matric. She further experienced psychological trauma, shock, discomfort and had become suicidal,” said Chetty.
According to the mother’s claim, she called for the department and the man to pay the young woman the costs of a sign language interpreter (including her travel costs); general damages (physical trauma, shock, discomfort, pain, violation of rights to dignity, privacy and bodily integrity); estimated future medical costs; loss of earnings; as well as their legal costs.
In total she claimed just over R1.8 million.
Commenting on behalf of the family, Chetty said the victim’s mother was happy with the department’s decision.
“She was getting nowhere with the criminal matter and went the civil route."
“Personally, this was the most emotionally distressing case I have worked on."
“We can only rest once the accused is brought before the court.”
The 64-year-old was not present in court on Thursday.
Chetty said the man was yet to be tracked down and stand trial for the cases against him.