The Department of Basic Education says it has no issue with paying damages that Michael Komape’s family sought for emotional shock and grief after their four-year-old son fell into a pit toilet and drowned in faeces at Mahlodumela Primary School in Limpopo in 2014.

Michael died just a few days after he had started Grade R.

The department said it was in dispute with paying the family but they only went to court to interpret the legal question on damages.

“Now that the court has given a ruling on the amount, we will pay. We never refused to pay the family. It was never about money, but the need for competent authority to provide guidance of the appropriate quantum to be paid.

"On several occasions, we attempted to settle the matter out of court, but without success. Now that the Supreme Court of Appeal (SCA) has given a directive, we will abide by it,” said Beauty Mutheiwana, the Head of the Limpopo Department of Education.

The SCA handed down a judgment on 18 December 2019, in which it ordered the Department to pay the family R1.4m in damages. The family initially sought constitutional damages of R3million but the High Court in Limpopo refused the claim in April last year.

At the time, Judge Gerrit Muller had ruled that the family only deserved R100000 for the loss of their child.

This led the family in June last year to petition the SCA to seek redress.

However, the department has said it is concerned that subsequent to the SCA ruling, various individuals have made comments in the public arena that insinuate that the department has been insensitive towards the family.

The department said it conceded liability for the 2014 death of 4-year-old Michael.

"The department officials visited the family to provide support, during which, words of regret and sympathy were conveyed to the family. Support was offered immediately after the passing away of the child; also towards the funeral, and years after the regrettable incident," the department said in a statement.

African News Agency (ANA)