MEC to pay for rugby injury

Zelda Venter

PRETORIA: A judge has ruled in favour of a former pupil of Hoërskool Die Wilgers and his mother over injuries during a rugby practice.

At the time eight years ago, the school’s former rugby coach told the young teammates that they tackled like girls.

Suddenly, in what was apparently a demonstration, the coach then tackled Tony Roux – who was 13 years old at the time – twice, the second tackle leaving him with a broken leg.

Judge Nomsa Khumalo, in the high court in Pretoria, described the second tackle as ghastly, and not to be expected from a Level 1 coach. She said the conduct of the coach was not only grossly negligent, but also unreasonable. “He owed Tony and the players a duty of care,” she said.

Judge Khumalo said tackling a player who did not expect a tackle was illegal, but it was worse when a young player – in an under-14 team – was tackled by his coach from behind.

The former pupil and his mother, only identified as J Roux, claimed nearly R235 000 from the school and the MEC.

As the school is a public one, it falls under the governance of the Gauteng department of education. The MEC, in his official capacity, was ordered to pay the damages.

While the office of the MEC accepted that the coach had a duty of care towards Tony and the other pupils, it said that it was known that rugby was a game of risk, where physical force was sometimes applied.

A rugby expert testified that coaches needed to be highly skilled and adhere to basic safety measures. He said players such as Tony should not be tackled while they are on the ground, or in a crouching position, as it would be difficult for them to absorb the impact of the tackle.

Judge Khumalo concluded that the injury was a direct consequence of the coach’s negligence in making an illegal and risky tackle.

The amount of damages payable is due to be determined at a later date.