SECTION27 welcomes the judgment of the Supreme Court of Appeal (SCA) in the case of Komape v Minister of Basic Education and Others. The judgment of the SCA awards damages for emotional shock and grief to each member of the Komape family to the total value of R1,4 million as well as future medical expenses for each member of the Komape Family. This is a victory for the Komape family as damages for both emotional shock and grief had been dismissed by the Polokwane High Court in 2018.

Michael died on 20 January 2014 by drowning in a pit toilet at his school in the Limpopo Province. The civil claim was launched in the Polokwane High Court in 2015. This case has subsequently been ongoing for over five years and proved to be a deeply emotional and difficult time for the Komape family.

SECTION27 hopes that this judgment will bring some semblance of closure for the family and restore their dignity for the manner in which Michael died and the treatment of the family by education authorities in the aftermath of his death.

SECTION27 will provide a more detailed analysis and commentary of the judgment once we have received the judgment and have had an opportunity to study it and consult with the family.

SECTION27 wishes to express our gratitude to Legal Aid South Africa for funding our representation of the Komape family and their pursuit for justice.

 

Judgement Attached

 

Issued by SECTION27