Are Seshego special needs pupils accused of murder criminally liable?
It remains to be seen whether the two boys alleged to have beaten to death their schoolmate from a special school in Seshego, Limpopo, will make it to trial.
Asked for clarity on whether the boys are fit to stand trial, Limpopo education department spokesperson Sam Makondo said: "The school caters for learners with severe intellectual disabilities. Whether they are criminally liable, it is not for the department to determine."
The boys were arrested at the weekend and were meant to have appeared at the Seshego Magistrate's Court on Monday.
This, however, did not happen "because there are investigations that still needed to be completed," said Col Moatshe Ngoepe.
The National Prosecuting Authority said it could comment on whether the boys had a case to answer to only once they had seen the docket and learnt of all the factors which could influence the case.
The two accused, aged 14 and 16, were alleged to have beaten the 12-year-old boy to death at the Grace and Hope Special School in Seshego.
Ngoepe said the deceased's body was found in the hostel on Saturday.
"It is reported that they were involved in a fight and one boy was killed," he said.