It was meant to be a memorable school excursion marking the start of Grade 10 for a teenage pupil performing in a concert as a member of the country’s biggest independent school group.
But, according to a 15-year-old pupil, it ended in an alleged under-age drinking session and rape in a Cape Town hotel.
Six years later the young woman, who is claiming severe and lasting psychological trauma, is seeking R6.5m in damages from Curro Holdings Ltd and the alleged perpetrator.
The civil case, potentially a litmus test for how private schools treat the safety of their pupils, will be heard tomorrow in the Western Cape High Court.
The former pupil attended a Curro school in Gauteng and was selected to participate in an anniversary celebration concert in 2019 at the Bellville Civic Centre in Cape Town. Participants were given accommodation at a hotel in Tyger Valley along with teachers and chaperones. The alleged perpetrator, who had matriculated from a different Curro school the previous year, took part in the concert and stayed there too.
According to court papers filed by the former pupil, she was allegedly “encouraged or socially pressured by certain teachers or chaperones” to consume alcohol at the hotel after the concert.
[Curro] breached the legal duty owed by it to provide and ensure that she would be afforded a sufficiently safe environment to participate in the concert [including her accommodation at the hotel].
She reported feeling unwell afterwards and returned to her room, unknowingly followed by the 2018 matriculant who then allegedly sexually assaulted and raped her.
Curro, responsible for the trip and concert, was obliged to “exercise reasonable care for and responsibility towards” pupils on tour but breached its legal duty to protect her from the “traumatic incident”, read the court papers.
“[Curro] breached the legal duty owed by it to provide and ensure that she would be afforded a sufficiently safe environment to participate in the concert [including her accommodation at the hotel], without fear of being pressurised to drink alcohol, or be sexually assaulted and raped.”
At the time, a criminal case was opened but later withdrawn on the advice of a psychologist who said the teenager needed to heal.
Curro is defending the case, adding that it upheld a zero-tolerance policy on abuse and regularly reviewed its safeguarding measures to meet best practices.
Court papers said the young woman was, and continues to be, treated for major depressive disorder, generalised anxiety disorder, and chronic post-traumatic stress disorder.
A clinical psychologist told the Sunday Times this week the young woman had given up on music after the ordeal, changed schools and eventually opted to study online instead. She is now helping her mother with administration work and furthering her studies.
The alleged perpetrator denied the accusations in his court papers, claiming the former pupil was intoxicated and appeared to be depressed on the evening in question. He said she invited him into her room after insisting he accompany her. He denied sexually assaulting her.
“In particular, [he] avers that [she] started kissing and fondling [him] and that [he] reciprocated, but that no sexual assault, nor intercourse, occurred. All contact of a sexual nature had been initiated by [her], and [she] never gave any indication other than that she wanted [him] to sexually engage with her. In so doing, [she] acted in a manner consistent with the actions of someone much older than her age,” the court papers read.
He asked the court to dismiss the case with costs.
The young woman is suing for R150,000 in medical expenses, R350,000 in future medical costs, R1m in general damages and R5m for her estimated future loss of earning capacity.
Curro, however, said in court papers the former pupil and her parents had signed an indemnity form waiving any claims against the school, its staff, or Curro for injury, harm, or death resulting from medical treatment, medication, or emergency care arranged for the former pupil.
"[Curro] cannot accept responsibility for any accident and/or injury that occurs during the excursion,” the court papers read.
“To ensure that the [former pupil] is allowed to participate in the excursion as part of a group of learners, the [former pupil] and her parents were requested to complete the indemnity as proof that they understood the position of [their daughter] and that they accept the risks involved.”
Curro asked the court to dismiss the damages claim and order the former pupil to pay legal costs.
Curro this week confirmed it was “defending a civil action”.
“As the matter is sub judice, Curro is not at liberty to comment on the merits of the matter save to say that the high court is required to test the veracity of the allegations made, determine a dispute of facts as well as a dispute on the interpretation of the law,” Curro said.
Attorney Anthony Batchelor, representing the former pupil, said: “This case may become a litmus test for how South African private schools treat the safety of their learners.”
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