Court dismisses damages claim of family whose son‚ 5‚ drowned in pit toilet at school

FILE PICTURE: February 01,2014. New toilets are being built at Mahlodumela Primary School after Michael Komape drowned in a Pit Latrin at Chebeng Village in Limpopo.

The High Court in Polokwane has dismissed claims for general and constitutional damages sought by the family of Michael Komape‚ a five-year-old Grade R learner who died a gruesome death when his school pit toilet collapsed and he fell in on January 20 2014.

Judgement handed down in the Michael Komape case is as follows.
Claim A for general damages Dismissed.
Claim B for constitutional damages dismissed.
Only costs granted are for medical costs for two of Michael's siblings. #Justice4Michael.
— SECTION27 (@SECTION27news) April 23, 2018

However‚ the court put the department on terms to ensure that it supplied and installed toilets in all rural schools.

Judge Muller ordered a structural interdict to supply and install in each rural school, a sufficient number of toilets that are safe and secure. #Justice4Michael.
— SECTION27 (@SECTION27news) April 23, 2018

The family was seeking more than R2 million for special and constitutional damages‚ funeral costs‚ and loss of income for Michael's mother‚ Rosina Komape. She lost her job as a domestic worker soon after the accident.