Court dismisses family's damages claim after son drowned in school's pit toilet

23 April 2018 - 11:43 By Ernest Mabuza

Just R20 for the first month. Support independent journalism by subscribing to our digital news package.

The parents of Michael Komape, James and Rosina Komape. File photo.
Image: Simphiwe Nkwali

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.