This, as human rights advocacy organisations – Section 27 and Equal Education Law Centre – presents their reports before the Basic Education Portfolio Committee. The two organisations have recently raised concerns over the lack of infrastructure at schools and inadequate sanitation, amongst others. Following the death of several learners at schools and the much publicised five-year-old Michael Komape’s court battles, the organisations have called on minister Angie Motshekga to amend the Minimum Norms and Standards for Public School Infrastructure. While the Equal Education Law Centre presents its findings on the overall state of education, Section 27’s focus is on the Limpopo Sanitation Report. The appalling state of sanitation in this province was laid bare at the Supreme Court of Appeal in Bloemfontein last month when the case against the department by parents of the five-year-old Komape, who drowned in human faeces at his school in Limpopo, was heard.

It was revealed during this court hearing that Komape’s body laid in a pool of human faeces for over four hours after he fell in a pit toilet at his school in Limpopo back in 2014.

The grade R pupil died after drowning when a pit latrine at the Mehlodumela Primary School outside Polokwane collapsed whilst he was using it.

His family, represented by the two advocacy groups, appealed sections of the Polokwane High Court judgment which dismissed some of their claims. Judge Gerrit Muller of the Polokwane High Court in April dismissed the family's claim for emotional shock and trauma as well as the claim for R2 million in damages for grief.

The court instead awarded R6 000 to each of Komape's siblings for medical expenses. Advocate Vincent Maleka, who represented the Komape family in the SCA, argued that the ruling by the High Court was not adequate and that Micheal died at the hands of those who were supposed to protect him. He told the court that Michael's body was left in the pit toilet for at least four hours and when his father sought to take photos of the circumstances surrounding his son's death, the police instructed him to delete pictures.

Maleka further argued that there was complete insensitivity towards the Komape family and no resources provided for the parents.

The SCA also heard that Michael was found with his hand stretched out, which according to his parents was in a desperate attempt to get the help that never came.

Following this court case, the advocacy groups have stated that pit toilets at schools are still a huge problem and that the department needs to play their part in uplifting standards of safety and hygiene at schools across the country.

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