The parents
of a five-year-old South African boy, Michael Komape who died after falling
into a pit latrine at school are suing the Minister of Basic Education.
The boy's
mother, Rosina and her husband, James broke down in court as they described
finding his body on the first day of the civil lawsuit.
Michael was
a pupil at the Mahlodumela Primary School in the northern Limpopo province. He
had gone to the toilet on 20 January 2014 when he disappeared. Mrs Komape told
the court that the head teacher called her and said her son was missing. She
said a child in the same class told her he had fallen into the toilet.
Michael's
mother said that she "could see his whole arm but could not see the rest
of his body" and says she fainted after that. Mrs Komape says she lost her
job as a direct result of the trauma she suffered because of her son's death.
The Komape
family originally filed the lawsuit in 2015‚ but delays mean the case is only
just being heard in the Polokwane High Court. Michael's parents are also suing
the Limpopo education ministry and the school principal, arguing they acted
negligently or in violation of learners' constitutional right to a basic
education.
The Komapes
say the toilets were dilapidated and therefore not fit for human use. They are
are seeking over three million rand ($210,000; £160,000) for trauma, grief,
medical expenses, funeral costs and lack of earnings.
In court
documents, the defendants deny that Michael's death was a result of any
negligent or unconstitutional conduct on their parts. They say it was an
accident.
Michael's
death caused outrage in South Africa, and drew attention to poor sanitation
conditions in rural schools, but the Department of Basic Education denies
responsibility for his death.
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