Section 27 to begin process to appeal Michael Komape damages decision

Section 27 says the Komape case is in stark contrast to claims that were recently awarded to the Life Esidimeni tragedy.

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

JOHANNESBURG – Legal advocacy group Section 27 on behalf of Michael Komape's family will on Friday morning apply for leave to appeal the Polokwane High Court’s decision to dismiss a R3 million claim in damages.

Judge Gerrit Muller rejected the claim for constitutional and general damages in April.

The five-year-old boy drowned in a Limpopo pit toilet in 2014.

Section 27 says the Komape case is in stark contrast to claims that were recently awarded to the Life Esidimeni tragedy.

Spokesperson Mark Heywood says the High Court's decision failed to develop common law regarding constitutional damages.

“We’re appealing against the failure of the judge to award even ordinary damages to the family for the trauma in, but also more significantly the issue around the question on constitutional damages.”

(Edited by Leeto M Khoza)