Section 27 criticises Michael Komape court ruling

On Monday, the court dismissed a R3 million claim to compensate the Komape family.

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

JOHANNESBURG - Legal advocacy group Section 27 says the failure to award constitutional damages in the Michael Komape case is in stark contrast to the claims that were recently awarded to the Life Esidimeni victims.

On Monday, the court dismissed a R3 million claim to compensate the Komape family.

Five-year-old Komape drowned in a pit toilet at his primary school in Limpopo four years ago.

Advocacy group Section 27 has been helping his family seek legal recourse.

Section 27 says that the judgment in the Komape case fails to develop common law regarding constitutional damages.

Education lawyer Shenice Linderboom says that they hope the Supreme Court of Appeal will clarify the matter once and for all.

“The family has been briefed… they are quite disappointed. This has been a very painful and traumatising experience for them.”

The advocacy group says that the judgment fails to adequately acknowledge the circumstances around the little boy’s death.

Komape had just started school when he drowned in a pit toilet at his school.

WATCH: Comment from Section 27 after Komape Judgment

(Edited by Zamangwane Shange)