Pit latrine death: Court to rule on claim by family of Michael Komape

On 20 January 2014, Michael Komape drowned in human waste when the pit latrine at Mahlodumela Primary School, in Seshego, collapsed. The gruesome discovery of the little boy’s body was only made four hours later.

Supreme Court of Appeal Judge Mahomed Navsa took a swipe at the Limpopo education department – not only over how it has handled the case, but for the lack of adequate resources that children had been subjected to.

Advocacy group Section27’s legal counsel Vincent Maleka argued the Komape family had left their child in the hands of the school – particularly the teachers and principal – who were supposed to be responsible for his safety.

Previous ruling ‘incorrect’, says Section27

Maleka argued that a previous court ruling, dismissing the damages claim, was incorrect and that the boy died at the hands of those who were supposed to protect him.

The SCA also heard how Komape’s father was ordered by police to delete pictures he had taken of the scene upon arrival.

Section27 had taken the matter to court, acting on behalf of the family, seeking R3-million in damages from government over the grief caused by his death. The family was seeking R2-million in constitutional damages and R940 000 in general damages.

Government not taking accountability

“The biggest impediment we had in progressing with this case was the fact that the government didn’t want to come to the party in terms of acknowledging what happened and then taking accountability,” said Section27’s Vukiswa Pikoli.

“By the time the government offered a settlement, that was insulting to the family, and we decided to take the proceedings on board and go to the Supreme Court.”

Claim for constitutional damages dismissed

In 2018, the Limpopo High Court in Polokwane dismissed the claim for constitutional damages.

“In my judgment, the reality is that the compensation claimed , as constitutional damages, is nothing short of a claim for punitive damages. A court faced with such a claim must decide whether an award of constitutional damages is just and equitable”, said Judge Gerrit Muller at the time

Muller only awarded the two Komape siblings R6 000 each for future medical expenses.

In November 2017, the Department of Education made a partial settlement of R100 000 towards funeral costs, loss of income and psychological medical expenses.