POLOKWANE – Michael (5) fell down and drowned in a pit toilet at Mahlodumela Primary School in Limpopo in 2014.
Read more: Boy (5) dies in school’s toilet
Legal advocacy group Section 27, on behalf of the family, filed for leave to appeal after the family’s earlier heard civil claim of R3 million damages against the state was rejected and the family was granted only R6 000 for two siblings for future medical expenses.
Read more: Judgment reserved as Michael Komape’s trial wraps up
Judge Gerrit Mulder in his verdict on Tuesday granted leave that the family may appeal the R2 million constitutional claim, but declined to grant appeal for a claim for emotional trauma.
The appeal will now be filed with the Supreme Court of Appeal in Bloemfontein.