Department yet to submit evidence in pit toilet case

Public interest group Section 27, which is assisting the family of Michael Komape, the six-year-old learner who drowned in a pit toilet at Mahlodumela Lower Primary School in Chebeng near Polokwane just over two years ago, is still waiting for evidence to be submitted by the respondents in the case, Basic Education Minister Angie Motshekga, the school principal, school governing body and the MEC for Education.
Section 27 Attorney Kate Paterson told Polokwane Observer on Friday that they were still waiting for the department to provide them with evidence. The department was meant to have filed an affidavit with documents in October last year. The affidavit was only filed in November, but included no documents. Section 27 asked for specific documents to be filed, but no response was forthcoming by March 22, the deadline for submission of said documents.
Paterson said this will leave the organisation with no option but to lodge an application in court for the submission of the documents, after having written a letter and not receiving a reply from the department.
Michael’s parents, James and Rosina Komape are being assisted by Section 27 who filed papers at the court on behalf of them. The parents are demanding damages for the suffering caused by their son’s death.
In papers filed on 31 August last year the department denied that the child’s death was caused by negligent and unconstitutional conduct on their part. “It is denied that any constitutional rights of the learners attending school in Limpopo province have been infringed or there is any future threat of infringement of their rights,” the documents read. It was further denied that Michael’s death was caused by the “wrongful, unlawful and negligent conduct as well as unconstitutional conduct of the defendants,” the documents stated.
Head of Communication at the department, Naledzani Rasila said he could not comment as the case was in the hands of the state attorneys.

Story: NELIE ERASMUS
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