Her father then approached the Constitutional Court to apply for leave to appeal. The matter was heard in February.
He also argued that the MEC had a legal duty to ensure that reasonable steps were taken to ensure the safety of children on school premises. “Since there was no duty on the [MEC] to inspect playground equipment, nor to ensure the safety of the children on a daily basis, the question whether a breach of such a public duty translates into a private law duty does not arise in this matter,” Tshiqi said.Tshiqi said the father raised a constitutional issue.
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