R1 million for Komape family

Michael Komape’s family can finally breathe a sigh of relief after the Supreme Court of Appeal recently overturned a judgement of the Limpopo High Court handed down in April 2018 that dismissed a substantial part of the family’s claim for damages.
This after the gruesome death of Michael, then five years old, who drowned in human excrement after falling into a pit latrine at Mahlodumela Lower Primary School in Chebeng village, Moletji in 2014. According to a statement issued by the human rights group Section27, the Supreme Court of Appeal order required that the national and provincial Departments of Education pay damages for emotional shock and grief. It was learnt that the court ordered that Michael’s parents, Rosina and James be paid R350 000 each while his sister Lydia and brother, Lucas be given R200 000 each and the minor children Maria, Onica and Moses R100 000 each.
It was further reported that the State is ordered to pay R6 000 for the future medical expenses of Maria, Onica and Moses as well as the legal costs of the appeal. According to Section27, part of the judgement by the Supreme Court of Appeal reads: “On the first day of the hearing the respondent’s concession of the merits was repeated. They accepted negligence on their part had led to Michael’s death, that the merits of Michael’s death were no longer in dispute and that, in respect of that claim only the quantum of damages needed to be proved. In light of this concession and the circumstances surrounding Michael’s death, if ever a case called out for settlement it was this one. For some reason, however, the respondents did not settle and the trial proceeded, undoubtedly at a huge cost to the State. This really ought to have been avoided and the funds better employed in national interest such as improving sanitation systems at rural schools.”
Section27 emphasised that the case has spanned over five years, proving to be a deeply emotional and difficult time for the Komape family. The rights group expressed hope that the judgement would bring some semblance of closure for the family and restore their dignity for the manner of Michael’s death and the treatment of the family by education authorities in the aftermath of his death.
In conclusion Section27 indicated that they intend to ensure that the State eradicates pit toilets in schools in Limpopo and develop and implement an effective plan for the provision of safe and hygienic toilets.

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