No payout yet for pit latrine death
Education authorities are facing claims totalling R1.5-billion, with Limpopo being the worst culprit
Provincial education departments faced legal claims of up to R1.5-billion in the past financial year, according to their annual reports. Among the claims, some of which have been carried over from previous financial years, is a R3.1-million damages claim by the family of the six-year-old boy who died after he fell into a pit latrine at his Limpopo school.
More than three years have passed since Michael Komape died but the Limpopo education department has not yet settled the matter, instead defending itself against the claim.
The Komape family’s claim is just one of 284 made before March last year that have not been finalised by the provincial education department.
Claims against Limpopo’s department totalled R728-million — almost half of the legal claims faced by education authorities in all nine provinces.
Other legal claims against the Limpopo department include R6.1-million claimed by the South African Post Office relating to textbooks and seven cases of teachers assaulting pupils, totalling R2.2-million. There is also a claim by Sankhaya Learning Private for a staggering R95.7-million, but it is unclear what the claim is based on.
The department did not respond to detailed questions, saying it would not interfere with legal processes. Spokesperson Naledzani Rasila said: “Perhaps what is given on public platforms, for example annual reports, is enough for public consumption and we respect other processes.”
Michael Komape’s father James, his wife Rosinah and two other family members lodged the claim in 2015 against the minister of basic education, Limpopo’s education MEC and the principal and governing body of the Mahlodumela Lower Primary School in Seshego.
Komape, speaking through Section27, a public interest law centre that is acting on his family’s behalf, said: “For as long as this goes on, the harder it is for us as a family to move on. This is painful and I can’t stop thinking about it. The government does not care about us. Our child died like a dog.”
His wife said: “Our neighbours still keep talking about the issue and this is painful. If our child was still alive, none of this would be happening. We would like the case to end. This is painful. It is hard for the family to move on.
Everybody is talking about it and asking when we will go to court. Even our other kids at school have to hear about it.”
Kate Paterson, an attorney representing Section27, confirmed that the damages claim included R940 000 for emotional trauma and shock suffered by the Komape family, R2-million for negligence and R208 000 for future medical expenses, such as counselling services.
But the provincial education department denied in court documents that Michael’s death was caused by “wrongful, unlawful and negligent conduct as well as unconstitutional conduct of the defendant and their employees.
“It is denied that Michael’s fall was as a result of the structure of the toilet not supporting his weight. It is denied that the toilet was unsafe, unsecured or unfit for human use. The incident can best be described as an accident.”
Legal claims against other provincial education departments include:
• Damages claims totalling R3.3-million against the North West education department for assaults on pupils, with R45.5-million in claims instituted for injuries sustained by pupils at school;
• A R960000 claim against the Free State education department after a pupil died; and
• Another claim against the Free State education department for R400 000 after a pupil drank paraffin at a school function.