School discipline and the delictual negligence test for teachers – a case in point

Abstract

From text: Proper discipline is a prerequisite for safety in schools. In addition to creating an environment conducive to learning, school discipline is essential to ensure the safety of staff and learners. School discipline includes the implementation of reasonable measures to secure the safety of staff and learners as well as responsible behaviour by learners. The failure of school staff and authorities to enforce discipline may have serious educational and legal consequences. Where such failure amounts to conduct that causes personal injury and financial loss, liability for the recovery of such loss may follow if all the requirements for a delict are met.