Michael Komape case to Supreme Court of Appeal

Following the Limpopo High Court’s dismissal of claims for emotional shock, trauma and grief in the Michael Komape case last year April, the matter is now set to be heard in the Supreme Court of Appeal in Bloemfontein on 2 September.
Information made available by Section27’s Zukiswa Pikoli indicated that the organisation has been representing the Komape family since 2015 in their efforts to seek a semblance of justice following the tragic death of their son after he had fallen into a pit toilet and drowned in human faeces at Mahlodumela Primary School in Chebeng village, Moletjie. The family, represented by Section27 instituted a civil claim for damages in 2015 against government for the wrongful and negligent death of Michael in the Limpopo High Court, Pikoli informed.
She further stated that this included
R940 000 for general damages, for emotional trauma and shock that the family members had experienced as a result of his death. She reiterated that the claim also sought to develop the common law by claiming R2 million for the grief suffered by the family. In the alternative, the family claimed R2 million in constitutional damages as a direct result of the breach of the constitutional obligations of government towards learners in Limpopo to provide safe and decent sanitation, Pikoli explained.
She added that other claims related to past and future medical expenses for the family, funeral expenses and loss of earnings in respect to the mother who had to stop working when her child passed away. Pikoli further said the court instead issued a structural order requiring that government provide to the court an audit of the number of pit toilets in the province together with a detailed plan for the provision of safe and hygienic toilets. The family will be appealing sections of the judgement, in particular, the dismissal of the claim for emotional shock and trauma as well as the claim for R2 million in damages for grief, alternatively constitutional damages, according to Pikoli.
“We will argue that the court failed to distinguish between the multiple levels of human rights violations in this case. These are in respect of Michael himself, members of the Komape family as a result of his death and the ongoing violations of Limpopo learners. The court further failed to recognise that the structural relief as a prospective remedy for the Limpopo learners and a remedy recognising the constitutional violations of the family need not be mutually exclusive,” Pikoli commented.
She said Michael died on 20 January 2014 hence the case has therefore already spanned a period of more than five years. The case remains deeply emotional and difficult for the Komape family, she stated and concluded by saying they hoped the Supreme Court of Appeal would be the end of a long road towards closure for the family.

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