Komape family to be paid for shock and grief after the death of their son
The parents of the late young Michael Komape will be paid
for the emotional shock and grief caused by his death in 2014.
In handing down judgment on Wednesday morning, the Supreme Court of Appeal (SCA) in Bloemfontein ordered the Minister of Basic Education and the Limpopo department of Education to pay the Komape family for severe shock, grief and depression already suffered, as well as a set amount for future treatment.
Michael Komape drowned inside a dilapidated pit toilet at Mahlodumela Primary School in Chebeng Village, outside Polokwane in Limpopo, in 2014.
In 2018, the Limpopo High Court in Polokwane dismissed the claims by the family for damages from the government for the grief they had suffered.
During their appeal application, Advocate Vincent Maleka, senior council for Section27, argued in front of the Appeals Court that the young child’s parents never received an apology from any of the respondents charged with protecting their son.
Justice Eric Leach read the watershed ruling.
“Such a claim has never been recognised either in this country or in any other common law jurisdiction without there being proof of psychiatric injuries. The respondents had admitted that the claimants suffered emotional trauma and shock as a result of Michael’s death. It was therefore in the present case, a necessity to consider extending the common law to recognise a claim for grief as the grief which the claimants’ had suffered, flowed from a psychiatric injury which it is common cause rendered the respondents liable for damages,” read the judgment.
However, Justice Leach dismissed the claim for constitutional damages.
“We held on the strength of authority that as the claimants were to be compensated for their damages, including their grief, there was no justification for awarding further damages as vindication for breach of any constitutional duties.”
The Minister of Basic Education and the Limpopo Department of Education have also been ordered to pay the costs of the case, including the costs of two legal teams and the traveling and accommodation costs in Bloemfontein.
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The 5-year-old drowned in faeces after falling inside a pit toilet at Mahlodumela primary school in Chebeng Village outside Polokwane in 2014. Komape was in Grade R. "What we were asking for was general damages, which was dismissed and also for constitutional damages or development common law for grief, this unfortunately was also dismissed by the judge," education lawyer at Section 27, Sheniece Linderboom, explains.