Memento to pit toilet victim
Komape plans to build library in honour of son
The father of Michael Komape, a Limpopo pupil who died after falling into a school pit toilet, has called on philanthropists to donate building materials and books for a community library in memory of his son.
James Komape said he had already secured land in Chebeng village, outside Polokwane.
“I want to name the library after Michael, but importantly [the aim] is to assist local learners because during school holidays they don’t have anywhere to study. The library will operate 24 hours,” he said.
Five-year-old Michael died in 2014 after falling into a pit latrine at Mehlodumela Primary School, where he was a Grade R pupil.
Komape told Sowetan that his nonprofit organisation, Montsepetja Boshiego, had been improving conditions in schools in the area.
Komape was speaking on Friday after a Limpopo High Court case in which legal advocacy group Section27 was appealing Judge Gerrit Muller’s ruling last month denying the family R2-million in compensation it sought for emotional shock and constitutional damages caused by Michael’s death.
Komape said he was optimistic the court would grant the order to compensate his family. The only financial relief for the family was an award of R12 000 each for future medical expenses for two of Michael’s surviving siblings.
Before arguments resumed on Friday, Muller told the court he had received two threatening letters condemning his ruling.
“Some of these letters were on the news websites and it looks like someone is sending people to intimidate me. I’m not going to be intimidated by anybody,” he said.
Section27 lawyer Vincent Maleka distanced the group from the threats.
Maleka argued that Muller had erred in not awarding damages as the state had conceded that the family had suffered emotional shock as a result of Michael’s death.
“The state initially offered to pay the family but because it was not enough the family rejected it. We submit that there are reasonable grounds that another court might arrive at a different ruling,” he said.
Maleka argued that the amount being claimed by the family was neither excessive nor unreasonable and was consistent with damages awarded in previous comparable cases.
Last year the state offered the family R450 000 in full and final settlement of any claims against it. The offer was rejected as “insulting” by the family and its legal advisers.
Department of Basic Education lawyer Simon Phaswane said it was no longer the department’s matter because the family had rejected its compensation offer.
Muller will hand down a ruling tomorrow.