Judge grants Komape family leave to appeal some parts of ruling

The family is seeking nearly R3 million in damages after five-year-old Michael Komape drowned in a pit toilet at a Limpopo school in 2014.

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

JOHANNESBURG - The High Court in Limpopo has granted the Komape family leave to appeal some parts of a ruling that dismissed the family’s claim for constitutional and general damages.

The family, which is represented by rights group Section 27, is seeking nearly R3 million in damages after five-year-old Michael Komape drowned in a pit toilet at a Limpopo school in 2014.

Judge Gerrit Muller has granted leave to appeal in respect of the R2 million claim for grief but declined the family’s R940,000 claim for emotional trauma.

Section 27’s Nomatter Ndebele says they welcome the ruling.

“While the judge has given us leave to appeal for only in relation to Term E and C, he dismissed the claim for Claim A, which is the general damages. We welcome the judge’s decision and we’ll be obviously taking this forward.”

(Edited by Zamangwane Shange)