By Staff Reporter
POLOKWANE-An uneven netball field is set to cost the Limpopo Department of Education dearly after a Grade 11 learner, identified only as RM, sustained a severe injury during a practice session. RM, who broke her arm after slipping and falling on the rough terrain, has taken legal action, claiming more than R2 million in damages from the department.
The matter was heard in the Limpopo High Court, sitting in Polokwane, where RM argued that her injury was a direct result of the negligence of the school’s teachers. She stated that the educators had failed in their duty by allowing students to practice on an unsafe field without proper supervision.
In response, the school denied any negligence and maintained that netball is a contact sport, implying that RM was aware of the inherent risks associated with playing. The school further argued that she had voluntarily participated in the activity, assuming the risks involved.
RM, an active member of her school’s netball team, recounted that her team had played and won a match against another school the day before the accident. The next day, she and her teammates were in class when they were instructed to head to the netball court for practice.
According to RM, there were no teachers present at the time of the practice session. She described the netball field as hazardous, with uneven ground, red soil, patches of grass, and scattered stones. Although the team usually cleaned the field before practice, they were unable to do so that day due to the short notice for their session.
A teacher who testified on behalf of the school stated that he and other teachers had been on their way to supervise the players but had not yet reached the field when RM’s accident occurred. As a result, they did not witness the incident. The teacher also contended that the local municipality had repaired the field earlier that year and that learners were not involved in maintaining it.
Additionally, the teacher pointed out that RM was still wearing her school uniform at the time of the fall, which he claimed suggested that she was not actively participating in the practice session when she got injured.
Acting Judge Johan Stroh ruled in favor of RM, accepting the testimonies of her and her teammates that the field was indeed uneven and that the learners typically had to clean it themselves before playing. The judge also referenced the teacher’s statement that it was “necessary” for educators to be present during practice, reinforcing the argument that supervision was required to ensure the students’ safety.
Judge Stroh emphasized that the school, and by extension, the Limpopo Department of Education, had a duty of care to protect learners from foreseeable harm. As such, the department was found liable for RM’s injuries and was ordered to compensate her for damages once the extent of her suffering and losses are determined.
