Komape died after falling into a dilapidated pit toilet at Mahlodumela Primary School near Polokwane in 2014.
Judge Gerrit Muller of the High Court in Polokwane is expected to rule on the family’s application for leave to appeal his ruling.
Lawyers representing the family are confident that there was an error in Muller’s judgment which rejected the civil claim for constitutional damages.
The Section 27 lawyers believe the Supreme Court of Appeal (SCA) could rule differently in the matter.
They further say the psychiatric evidence which was brought during the hearing, was not scrutinised sufficiently.
They believe that had the court scrutinised the evidence, compensation would have been granted.
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