Michael Komape: Court dismisses R3m compensation claim

The High Court in Polokwane has dismissed a R3 million claim by advocacy group Section 27 on behalf of Michael Komape's family to compensate them for general and constitutional damages for 5-year-old boy's death in 2014.

Michael Komape died after falling into a pit toilet at school in 2014. Picture: Twitter/@Corruption_SA

JOHANNESBURG - The High Court in Polokwane has dismissed a R3 million claim by advocacy group Section 27 on behalf of Michael Komape's family to compensate them for general and constitutional damages.

Five-year-old Komape drowned in a pit toilet at the Mehlodumela Primary School in Limpopo in 2014.

Last year, the Education Department reached a partial settlement with the family and paid over a R100,000 of the R3 million claim.

Judge Gerrit Muller has dismissed a request by Komape's family that the government should compensate the family for grief and constitutional damages.

Muller has also ordered that the department provide the court with a list of schools that still use pit toilets in the province.

He says that the department must provide a plan with a set deadline on when it plans to build proper toilets at affected schools.

Komape's parents Rosina and James who arrived in court moments after the judgment was handed down were comforted by members of Section 27 outside court after learning of the judgment.

Section 27 says that it will study the ruling before deciding on a way forward.