The family of a grade 11 pupil who was allegedly raped by three pupils on school grounds is claiming R30m in damages from the KwaZulu-Natal department of education.
The 17-year-old was allegedly raped by two matriculants and a grade 10 pupil at Sibongumusa High School in Swayimane, outside Pietermaritzburg, on November 7.
In a legal letter to the department, the girl’s mother — who is not named to protect her daughter — said the teenager was waiting for extra classes with her friend at about 2.30pm when they were approached by three male pupils.
When the friend left a few minutes later to find out about the time of the classes, the boys allegedly grabbed her, covered her mouth and dragged her to the male bathroom against her will.
There, the three allegedly took turns raping her before they ran out of the bathroom.
“After the ordeal, the child got out of the bathroom and bumped into her friend. She told her friend what had happened. As she walked to report them, the boys approached her and told her not to report them because they would do whatever she wanted. The child ran away from them and went straight to report them, and told the teacher and principal what had just transpired,” said the family.
They reported the rape. The three, aged 16 to 21, were arrested by Wartburg police and charged with rape.
The trio were released on bail three days later. They were allowed to return to school to write their exams.
The child’s right to human dignity, right to freedom and security and rights as a child in terms of section 28 of the constitution was violated.
— The grade 11 pupil’s parents
The family said this was “inconsiderate and insensitive” of the department.
“She suffered emotional shock, trauma, and psychological shock; and suffered impaired mental health, and bodily harm, which requires current and future medical expenses. The child’s right to human dignity, right to freedom and security and rights as a child in terms of section 28 of the constitution was violated,” they said.
The family said the school and the department had a duty to ensure the child’s safety and care for the child while within the school premises.
They said the school also had the duty to investigate, hold a disciplinary hearing and take action against the perpetrators but failed to do so.
The family is claiming R30m for general damages, current and future medical expenses, and emotional and psychological shock and trauma.
The child’s mother stated that though the teen passed grade 11, she was forced to repeat it at another school because she was afraid she would struggle in matric due to trauma.
The KZN education department said it would defend the civil action.
KZN education spokesperson Sihle Mlotshwa said the accused pupils were suspended and arrangements were made for them to write their exams at other centres.
He said disciplinary tribunals were established and scheduled but could not proceed for various reasons.
Mlotshwa said an official visited the school on November 22 2022, to provide psycho-social support to the pupil and conduct trauma counselling.
He said the pupil took a transfer to another school.
Constitutional rights expert Prof Karthy Govender said it may be a “bit of a stretch to hold the department accountable for the criminal acts of pupils”, but it could be a landmark case that could go either way.
The three will appear in the New Hanover magistrate’s court on Tuesday. One of the pupils failed matric, and the other passed.
