Johannesburg 23 April 2018

SECTION27 notes with mixed reaction the judgment handed down in the trial of the tragic death of Michael Komape by Judge Muller.

While we welcome the structural interdict to provide adequate and safe sanitation for learners in the Limpopo Province, we are at the same time extremely disappointed that the suffering of the Komape family and the circumstances of Michael ‘s death has been insufficiently recognised and acknowledged.

It is our view that this is a missed opportunity for developing the law in respect of constitutional damages.  The failure to award damages in this case stands in contrast to the damages that were awarded by the retired Deputy Chief Justice Mosenke to the families of the Life Esidimeni victims for the callous treatment of the victims in that case.

SECTION27 is still studying the judgment but have taken further instructions from the Komape family in respect of this, we anticipate that we will be appealing the damages aspect of the judgment in the Supreme Court of Appeal.

Please find the full judgment here