The Komape family are going to the Supreme Court of Appeal (SCA) on Monday in their bid to secure a R2 million constitutional damages’ claim over Michael’s death in January 2014.
The family, with the support of civil society organisation Section27, are appealing the ruling of the High Court in Limpopo in April last year dismissing their constitutional damages’ claim.
Judge Gerrit Muller had found that the family was not entitled to emotional trauma and constitutional damages, which collectively amounted to R3 million. He granted the family leave to appeal his decision on constitutional damages of R2m, but declined their appeal on emotional trauma.
The Komape family instituted a civil claim for damages against the State for Michael’s wrongful and negligent death. The first claim was for R940 000 for damages in the emotional trauma and shock that family members had experienced as a result of and the manner of his death.