Bullying has long been viewed as an unfortunate part of growing up. Increasingly, however, South African courts are making it clear that when schools fail to protect learners from foreseeable violence, the consequences extend far beyond the playground.
Schools and provincial education departments may face substantial civil claims where inadequate supervision or failures to address persistent bullying result in physical injury.
The issue is becoming more pressing as reports of bullying continue to rise. Gauteng recorded 1,079 reported bullying incidents during 2025, while the Western Cape reported 149 cases, a 28% increase on the previous year, and in the Eastern Cape, the provincial education department recorded that over 3 400 learners were affected by bullying incidents in 2025.
Parliament’s Portfolio Committee on Basic Education has also warned that bullying remains widespread, underreported and often poorly managed by schools across several provinces.
According to Kirstie Haslam, Partner and personal injury specialist at DSC Attorneys, schools have a legal obligation that extends beyond education.
“Parents entrust schools with the safety of their children every day. That duty is not merely moral; it is a legal one,” she says. “Where a school knows, or reasonably ought to know, that a learner poses a risk to others and fails to take reasonable steps to prevent harm, it may be held liable for the injuries that follow.”
Haslam notes that South African law does not automatically make schools liable whenever a learner is injured. “Instead, courts examine whether harm was reasonably foreseeable and whether educators took reasonable steps to prevent it.”
One of the clearest examples is Mageni v Minister of Education of the Western Cape Education Department (2021), where a learner suffered serious injuries after being assaulted by another child with a documented history of violent and aggressive behaviour. The High Court found that the school had repeatedly failed to implement effective interventions despite numerous warning signs. The judgment held that educators had a clear duty to supervise learners and protect them from a known and foreseeable risk of harm. The court found the education department liable, with the amount of damages to be determined separately.
Similarly, in Member of the Executive Council for Education v Rabie (2008), the Gauteng High Court upheld liability after a learner was injured during unsupervised dangerous play on school grounds. The case reinforced the long-established principle that schools owe learners a duty of proper supervision while under their care.
More recently, M.M v MEC for Education, Mpumalanga Province (2023) arose from the fatal stabbing of a learner by a fellow pupil at school. Although the court ultimately rejected the father’s claim for emotional shock damages because the required psychiatric injury was not proven, the proceedings confirmed that negligence by the education authorities had been conceded, illustrating the serious legal exposure schools face when safety systems fail.
“Unlike medical negligence or motor vehicle claims, there is no standard compensation amount for bullying-related injuries,” explains Haslam. “Awards depend on factors including the severity of the physical injuries, future medical expenses, psychological consequences, loss of earning capacity where applicable, and whether permanent disability resulted.”
“Many matters settle confidentially before reaching judgment, meaning published payout figures remain relatively uncommon,” she says. “The legal question is rarely whether bullying occurred, but whether the school responded appropriately once it became aware of the risk.”
“Schools cannot control every learner’s behaviour, but they are expected to have effective supervision, reporting mechanisms and intervention strategies,” she adds. “Ignoring repeated warning signs can become extremely costly.”
For parents, she explains, repeated reports of bullying should never be dismissed as isolated incidents. “Maintaining written records of complaints, medical reports and correspondence with the school may prove critical if legal action later becomes necessary.”
“As bullying becomes increasingly visible and courts continue to reinforce schools’ duty of care, the message is becoming harder to ignore: protecting learners is not simply good policy; it is a legal responsibility,” Haslam concludes.
