Advocacy group Section 27, on Monday slammed the court judgment dismissing the claim of about R2-million by Michael Komape's family for emotional shock and grief, saying that it was studying the judgment and might appeal the ruling.

This comes after the Polokwane High Court Judge Gerrit Muller dismissed a R2-million constitutional damages claim by the Komape family. 

The five-year-old boy, Michael Komape, died after he drowned in a pit toilet in 2014 at Mahlodumela Primary School in Limpopo where he was a Grade R learner. In 2015, the organisation lawsuit against the Department of Basic Education and the Limpopo Department of Education on behalf of the family. 

"It is our view that this is a missed opportunity for developing the law in respect of constitutional damages," Section 27 said in a statement.

"The failure to award damages in this case stands in contrast to the damages that were awarded by the retired Deputy Chief Justice Mosenke to the families of the Life Esidimeni victims for the callous treatment of the victims in that case."

However, Section 27 welcomed the structural interdict to provide adequate and safe sanitation for learners in the Limpopo Province. The court ordered the provincial and national Department of Basic Education to pay R6 000 each for future medical treatment for Michael's older siblings.

Section 27 said while they welcomed the structural interdict to provide adequate and safe sanitation for learners in the Limpopo Province, it was disappointed that the suffering of the Komape family and the circumstances of Michael's death had been insufficiently recognised and acknowledged.

"Section 27 is still studying the judgment but have taken further instructions from the Komape family in respect of this, we anticipate that we will be appealing the damages aspect of the judgment in the Supreme Court of Appeal," it said.