The Gauteng education department has cleared a teacher and the school’s groundsman filmed assaulting a Grade 9 pupil who later died.
The final report, which looked into whether the teacher and groundsman played any role in the death of the pupil, also stated that the department should not be held liable for his death.
Nhlanhla Tshabalala, who was a pupil at Reshogofaditswe Secondary School in Tsakane in Ekurhuleni, died on March 8 after he was allegedly assaulted by a teacher and staff member at Tsakane Secondary School in an attempt to take a gun from him. The gun later turned out to be a toy.
In the video that circulated on social media at the time, the teacher and the groundsman are seen trying to subdue the teen while another shows the teen being carried into the schoolyard.
According to the report, Nhlanhla, 15, died at home. The report said the injuries sustained to his head caused his death.
“We find that the cause of death is head injury as per the postmortem report. We recommend that the district office work closely with Tsakane SAPS and the Prosecuting Authority to ascertain the cause of the injury that resulted in the deceased’s death.
“The deceased went to Tsakane Secondary School carrying a toy gun and was accosted by Mr Sihle and Mr Ngwato, who disarmed him... We find that the deceased was assaulted, but we lack conclusive proof as to who assaulted him,” read the report.
The investigators also found that they “could not establish what really caused the injuries on the deceased person as we received conflicting versions of events”.
“Even if we can opt to go with versions that say the two gentlemen assaulted the deceased, the skull fracture, which is basically the cause of death, is inconsistent with the assault explained.
“The fractured skull could have been caused by a blunt object or the deceased fell on a hard place, taking into account that he was drunk. There is no evidence on the assault explained that the deceased was kicked on the head or hit with a blunt object on the head. There is no causal link between that assault and the cause of death. We are therefore of the opinion that the department is not liable herein.”
Gauteng education spokesperson Steve Mabona did not respond to questions sent to him on Thursday.
Oupa Tshabalala, Nhlanhla’s father, said the report was disappointing. “We are not happy as a family. I did not understand what the MEC was saying when he was here. Instead, I felt that he was pinning this entire thing on my son for being drunk but the postmortem said nothing about alcohol in his system. I even asked how do they beat up a drunk person if indeed he was drunk?”
Tshabala said the department ignored the postmortem findings that showed that his son had a skull fracture, lung injuries, a broken leg, an eye wound and that he suffered from excessive bleeding between the brain and the surrounding membrane. He believes that the MEC is shielding some people from taking responsibility.
He said he is determined to continue the fight for justice for his son. “There is so much that doesn’t make sense. When all this transpired, I asked the principal about the incident and he first said he knows nothing and saw nothing. But now suddenly there is a report where he is detailing the instances, shifting the blame to my son. I am still going to fight this. I want justice for my child. It can’t end like this,” he said.
Gauteng education MEC Panyaza Lesufi visited the family during the week to give them the report.
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