The Supreme Court of Appeal (SCA) has dismissed a compensation of R100 000 to the family of Michael Komape who died in a pit latrine toilet while a Grade R pupil at a Limpopo primary school more than five years ago.
The ruling was made by Judge Gerrit Muller of the High Court in Limpopo in April 2018.
Outraged by the decision, the family lodged an urgent appeal to Judge Muller challenging his decision not to grant them the R3 million constitutional damages claim for the loss of their child and the psychological effect in had on all his family members. Judge Muller granted them permission to petition the SCA in June 2018.
The Komape family's perseverance paid off on Wednesday when a full bench of the SCA ruled against the ruling of the High Court in Limpopo.
In his unanimous ruling, Judge Lorimer Leach said the appeal of the Komapes had succeeded and said the family in respect of the claim for emotional shock and grief, Michael’s parents, Rosina Komape and Maloti Komape were each awarded R 350 000.