The parents of the late Parktown Boys pupil Enock Mpianzi say they have suffered impaired mental health for which they require medical treatment as a result of their son’s death, which was due to school negligence.
This is revealed in summons filed by their attorney Ian Levitt at the high court in Pretoria, where the family has lodged a civil claim of R20m against the school, Gauteng department of education, Nyati Bush Camp, the school governing body and sacked principal Malcom Williams.
The R20m figure, according to Levitt includes all grief and constitutional damages the family is demanding for their suffering.
The civil lawsuit is related to the drowning of the 13-year-old grade 8 pupil during a school orientation camp at Nyati Bush and River Break in North West on January 15.
According to the court papers, Ekila Guy Intamba (father) and Anto Mpianzi (mother) suffered emotional shock, trauma and grief after Parktown Boys High school principal Williams and the school governing body (SGB) failed to ensure Enock’s safety during the camp and failed to ensure that he (Enock) was under the supervision of an educator at all times as required by regulations for safety measures at public schools.
“They failed to take reasonable steps to ensure Enock’s safety and were negligent in the performance of their professional duties. Williams authorised the camp while the department had not approved it. Enock’s death and the consequences thereof suffered by the parents was as a result of the wrongful actions of the school educators present at the camp,” read the court papers.
Levitt said the wrongful conduct of the defendants, jointly and severally, caused the death of the Mpianzis' young son, who had barely started high school and had his whole life ahead of him.
He said the parents were asking for judgment against the Parktown Boys' High School, Williams, the SGB, head of Gauteng department of education Edward Masuwe, MEC Panyaza Lesufi and Nyathi Bush and River Break. The parents want the money's interest calculated at 8.7% from the date of demand to the date of payment.
Gauteng education spokesperson Steve Mabona confirmed that the department had received summons from the attorneys of the family.
“The attorneys of the department are dealing with the matter and we will await advice from them based on legal prescripts governing such incidents,” Mabona said.
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