Leave to appeal granted in Komape case

The Komape family’s civil case against the State is yet to reach conclusion after the Limpopo High Court last Tuesday granted leave to appeal against some of the claims against the Limpopo Department of Education.
The case follows the tragic death of Michael, 5, at Mahlodumela Primary School after falling into a dilapidated pit toilet and drowning in faeces in 2014. The family claimed R940 000 for damages, emotional trauma and shock experienced as a result of Michael’s death. The claim was declined late in April.
Section27, representing the family, then approached the court for leave to appeal against the ruling but Judge Gerrit Muller again declined the family’s application for leave to appeal against this ruling only.
The ruling, however, granted leave to appeal to the Supreme Court of Appeal (SCA) in respect of some other claims, being R2 million for grief suffered by the family, alternatively for constitutional damages as compensation for the loss of Michael as a direct result of the breach of the constitutional obligations of the State towards learners in the province to provide safe and decent sanitation. The application for leave to appeal noted that by asserting that a claim for constitutional damages for the Komape family was ‘overcompensation’ the court failed to recognise the different nature and purpose of the different claims for damages, as compensation for the different nature of harm sustained, a statement by Section27 read.
“We argue that the court further failed to recognise the multiple related functions and purposes of compensation for the vindication of constitutional rights. The Komape family also sought a declaratory order from the court to declare that the defendants had failed in their various constitutional obligations towards the learners in Limpopo. When judgment was handed down in April by Judge Muller, the court found that the Department of Education had displayed a complete lack of urgency or commitment in using and allocating funds specifically to provide safe and decent sanitation. The Court also found that the state had failed to perform its obligations towards learners in the Province, including Michael which resulted in his death,” Section27 argued.
Section27 indicated that while they will seek further advice from senior counsel in the case, they intend to file an application for leave to appeal directly to the SCA in respect of the claims.

Story: ENDY SENYATSI
>>endy@observer.co.za