The Department of Basic Education has denied responsibility in the death of a six-year-old boy who died after falling into a pit toilet at a Limpopo primary school last year.
Michael Komape, a pupil at Mahlodumela Lower Primary School at Chebeng village, died while relieving himself during school hours in January last year.In court papers filed in response to a R3-million lawsuit brought against them by Michael's parents, the department argues that the toilet structure was fit for human use.
Basic Education Minister Angie Motshekga along with the school principal, the school governing body and the MEC for education in Limpopo are all listed as defendants in the case.
The parents, James and Rosina Komape, who declined to comment on the case yesterday, are being assisted by public interest group Section 27. They are demanding damages for the suffering caused by their son's death.
However, the department has denied that Michael's death was caused by negligent and unconstitutional conduct on their part.
"It is denied that any constitutional rights of the learners attending school in Limpopo province have been infringed or there is any future threat of infringement of their rights," the court papers read.
They also denied that Michael fell because the structure was dilapidated and could not carry his weight. "Save to admit that the toilet structure consisted of corrugated iron and concrete, it is denied that the toilet was unsafe, unsecured or unfit for human use."
The department argues that a photograph attached to the application does not depict the state of the structure prior to the incident.
Michael's death sparked debate around the provision of proper sanitation in rural schools, resulting in the provincial department's plan to remove all pit toilets.
Angry parents demolished the pit toilets following Michael's death and the department promised to eradicate pit toilets in all schools by the end of last year.
Michael's father said he now depended on his library project to keep his child's memory alive.
He plans to name the project, which is housed in a small shack where local schoolchildren come to study, after his son.
"When I am around the other children I feel like the weight off my shoulders has been lifted. It is painful when I think of the way he died. But I believe keeping his name going will keep his memory alive," he said.
mahopoz@sowetan.co.za
State washes its hands of boy's pit toilet death - 'It is denied that the toilet was unsafe'
The Department of Basic Education has denied responsibility in the death of a six-year-old boy who died after falling into a pit toilet at a Limpopo primary school last year.
Michael Komape, a pupil at Mahlodumela Lower Primary School at Chebeng village, died while relieving himself during school hours in January last year.In court papers filed in response to a R3-million lawsuit brought against them by Michael's parents, the department argues that the toilet structure was fit for human use.
Basic Education Minister Angie Motshekga along with the school principal, the school governing body and the MEC for education in Limpopo are all listed as defendants in the case.
The parents, James and Rosina Komape, who declined to comment on the case yesterday, are being assisted by public interest group Section 27. They are demanding damages for the suffering caused by their son's death.
However, the department has denied that Michael's death was caused by negligent and unconstitutional conduct on their part.
"It is denied that any constitutional rights of the learners attending school in Limpopo province have been infringed or there is any future threat of infringement of their rights," the court papers read.
They also denied that Michael fell because the structure was dilapidated and could not carry his weight. "Save to admit that the toilet structure consisted of corrugated iron and concrete, it is denied that the toilet was unsafe, unsecured or unfit for human use."
The department argues that a photograph attached to the application does not depict the state of the structure prior to the incident.
Michael's death sparked debate around the provision of proper sanitation in rural schools, resulting in the provincial department's plan to remove all pit toilets.
Angry parents demolished the pit toilets following Michael's death and the department promised to eradicate pit toilets in all schools by the end of last year.
Michael's father said he now depended on his library project to keep his child's memory alive.
He plans to name the project, which is housed in a small shack where local schoolchildren come to study, after his son.
"When I am around the other children I feel like the weight off my shoulders has been lifted. It is painful when I think of the way he died. But I believe keeping his name going will keep his memory alive," he said.
mahopoz@sowetan.co.za
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