Court proceedings in the case against the Department of Basic Education brought by his family following his death is still underway in the Supreme Court of Appeal (SCA).

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 advocacy groups - Section 27 and Equal Education - are appealing 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, representing the Komape family in the SCA this morning, 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.

He highlighted that taking into account the poor state of toilets at the school, Michael should have not been allowed to go to the toilet unsupervised.

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 help that never came.

The family, in their quest for compensation, is also asking for a court order compelling the authorities to uplift standards of safety and hygiene in Limpopo schools.

This is a developing story.

OFM News