The Legal Battle for Compensation: A Young Man’s Struggle After a School Accident
A 23-year-old man named Michael Links is at the center of a multimillion-rand lawsuit against the Northern Cape Department of Education. His legal team argues that he deserves compensation due to injuries sustained from a fall on a slippery school floor, which they claim has significantly impacted his future job prospects.
The incident took place in 2011 at Boegoeberg Brandboom Intermediary School near Upington when Links was just nine years old. He was in Grade 3 at the time and fell on a wet cement floor in the boys’ bathroom, hitting his head on the edge of a urinal. This accident led to permanent brain injuries that have affected his life ever since.
In 2024, Judge Almé Stanton ruled that the Department of Education was liable to pay damages. She based her decision on uncontested evidence from neurosurgeon Dr Zayne Domingo, who confirmed that Links did not suffer a stroke but that his condition had progressively deteriorated as a result of the fall.
During recent proceedings in the Northern Cape High Court, the legal representative for the MEC for Education, Advocate Boitumelo Babuseng, highlighted that Links had worked for the non-profit organization LoveLife for a year. According to Babuseng, Links participated in health talks and performed manual labor at a pecan nut farm. He suggested that Links might be offered an office-bound job within the education department.
Babuseng also mentioned that it is common in South Africa to gain employment through personal connections. He noted that Links' family lives in a rural town where his father works on a farm and his sister is attending college.
Expert Witnesses Highlight Challenges in Employment
Clinical psychologist Elspeth Burke, who specializes in neuropsychology, expressed surprise that Links managed to obtain his Grade 12 certificate. She pointed out that his intelligence quotient is below average and that he will need a sedentary job that utilizes only his right hand. She emphasized that he would require constant supervision and would likely struggle in the open job market.
Burke added that Links' work at LoveLife was not particularly demanding. She noted that he was employed there through the initiative of his sister and later worked at a pecan nut farm with the support of his father. She also mentioned that his mother assisted him in getting ready for work each day and that he lacks the drive and motivation needed to maintain a job independently.
Industrial psychologist Richard Hunter explained that the accident drastically altered Links’ abilities. He described issues such as slow speech, a slight limp, poor memory, and difficulty socializing. Hunter indicated that Links could potentially earn a salary within the B4–C1 Patterson grading scale, but noted that his previous job at LoveLife paid only R1,000 per month and lasted only three days a week.
Hunter also highlighted that manual labor is not suitable for Links, as he cannot use his left hand effectively. He warned that multiple factors could hinder Links in the open job market, where employers expect performance and strict deadlines to be met.
Physical and Cognitive Challenges
Occupational therapist Celeste Taylor testified that the neurological injury has affected Links’ muscles, leading to a clawed hand. She noted that he struggles with grasping objects and has decreased sensation in his left hand, putting him at risk of severe burns if he touches something hot. Taylor also mentioned that his coordination and mobility were affected by the injury.
The case continues before Judge Cecile Wiliams, with Links represented by senior Advocate Murray van Heerden. The outcome of this case could have significant implications for Links’ future and the broader issue of liability in educational institutions.