Angered by public protector's report on son

A "shoddy" report by public protector Busisiwe Mkhwebane has opened up old wounds for the mother of a rising rugby star who suffered a fatal head concussion while playing for Potchefstroom Boys High in 2002.

Lumka M'belle, the mother of Thabang M'belle, who died after being comatose for two days, yesterday told Sowetan Mkhwebane's report has failed to help her find closure.

"I'm very unhappy about that report, I'm disappointed. The public protector has failed me as a parent," M'belle, 58, said. "The whole reason I went to the public protector was to find justice for my son, but the public protector has absolved the [North West] department of education of liability.

"Look, she's saying the department must give an ex gratia payment. You know what that means? It means the department should not admit guilt, but should pay out of the goodness of their heart.

"It's a slap on the wrist. This is protecting the department, not me. I reject this ex gratia payment."

Sowetan reported on Wednesday that Mkhwebane released a report into M'belle's 2013 complainant.

Mkhwebane found the provincial education department committed maladministration by not reporting Thabang's death to the police.

M'belle's main gripe is that the 58-page report does not lay culpability at the department's doorstep. As a public school, Potchefstroom Boys High operates as its agency .

Thabang had been declared unfit to play when his school, where he was a boarder, travelled with him for a match in Germiston, M'belle said.

He was recovering from another concussion on the field. "He was yet to heal. The school knew this and yet they fielded him, But the public protector's report glosses over that."

M'belle said it was clear Thabang's death was caused by this second trauma to the brain.

While saying it was common cause that Thabang suffered a secondary injury, Mkhwebane concluded she could not find any evidence that he was forced to play.

The department told her that Thabang gave the school a medical certificate declaring him fit to play. She accepted this as evidence, much to M'belle's disappointment.

"She's left out so many things that I told her and [former public protector] Thuli Madonsela," M'belle said.

"There are also lies in that report. For instance, she says I saw my son at about 10pm the same day he was admitted to hospital. That's not true. I told Madonsela that I saw him the next day. She's ignoring everything that I provided to Madonsela."

M'belle said she was overco me by sorrow at the report. "I was traumatised reading the shoddy report. It opened up old wounds. I've been living with this pain for 13 years."

Asked how exactly she wanted the matter put to rest, M'belle said: "When people went to the TRC [Truth and Reconciliation Commission] they sought full details of how their people died and who was liable. I wanted to understand how my son died."

Mkhwebane's office said it did the best it could based on evidence at its disposal.

"It is worth noting that M'belle approached the public protector 11 years after the incident ... but the public protector, using her discretion, still took the matter in order to assist the complainant," said spokeswoman Cleopatra Mosana.

Mosana said Mkhwebane did not mince her words that M'belle was prejudiced by the conduct of the department.

"She, however, could not find evidence to substantiate claims that the school had negligently forced Thabang to play rugby on the day of the incident that led to his death."

M'belle remembered Thabang, who was a determined child. "He wanted to become a professional player and play for the Springboks."

He had already worn the colours of junior Springboks.

Thabang's older sister has since died and M'belle said the "heart break over the matter killed her". "I don't have any children now," she said.