Student sues govt for private parts� injury

Oarabile Mosikare | Wednesday December 17, 2014 20:57

On December 4, 2014, his lawyer, Martin Dingake, noticed the Attorney General, representing the Ministry of Education and Skills Development, of the student’s intention to sue at the expiry of 30 days.

“The cause of action for the claimant’s claim is a delictual claim for damages arising out of physical harm [assault], further and/or alternatively negligence,” wrote Dingake on behalf of his client.

Dingake listed the injuries recorded by the medical doctors as bruises on scrotum with swollen left testes, testicular hematoma or trauma and severe pain causing inability to sleep.

“At the time of the assault Mrs Mmabothata was acting during the cause and within the scope of her employment as a teacher. Consequently, the Ministry of Education and Skills Development is vicariously liable for damages that the claimant suffered as a result of the assault.”

He said the claimant has been undergoing medical attention and receiving counselling at Scottish Livingston Hospital and Princess Marina Hospital. The claimant also seeks delictual damages from the teacher and the Attorney General, jointly and severally liable, the one paying the other to be absolved.

The student seeks P60, 000 for medical expenses, pain and suffering and future medical expenses. He also seeks 400, 000 for loss of earning capacity, loss of social amenities, disfigurement and emotional shock and trauma.