The Supreme Court of Appeal (SCA) has lambasted Basic Education Minister Angie Motshekga and her team for their previous decision to appeal a ruling on damages that were sought by Michael Komape’s family for emotional shock and grief.
More shocking is the revelation by the SCA of how the late learner’s school had not bothered to ask his parents how they were coping following his death.
In a full Bench judgment read out by Judge Lorimer Leach on Wednesday, the SCA found that Motshekga and the Limpopo Department of Education had conceded during the main trial that the Komape's family had suffered emotional shock and grief when they witnessed five-year-old Michael drowning in a school pit latrine on January 20, 2014.
The family initially sought constitutional damages of R3million but the High Court in Limpopo refused the claim in April last year.
At the time, Judge Gerrit Muller had ruled that the family only deserved R100000 for the loss of their child.