The High Court in Polokwane has dismissed a R3 million claim by the family of deceased learner Michael Komape. The five-year-old died in a pit toilet at Mahlodumela Primary School in 2014.
The family brought the claim for grief and constitutional damages.
However, the court has ordered the Basic Education Department to pay a total of R12 000 towards future psychological treatment for two of the Komape’s younger children.
Judge Gerrit Muller has also ordered the department to provide the court with a plan on school sanitation in Limpopo by the end of July.
Judgement handed down in the Michael Komape case is as follows.
Claim A for general damages Dismissed.
Claim B for constitutional damages dismissed.
Only costs granted are for medical costs for two of Michael’s siblings. #Justice4Michael.— SECTION27 (@SECTION27news) April 23, 2018
Judge Muller ordered a structural interdict to supply and install in each rural school, a sufficient number of toilets that are safe and secure. #Justice4Michael.
— SECTION27 (@SECTION27news) April 23, 2018