Campaign Contents
- Introduction
- The Case: Rosina Komape and others v. The Department of Basic Education and the Limpopo Department of Basic Education
- The Polokwane High Court Judgment
- Our appeal – taking the Komape Case to the Supreme Court of Appeal
- The Structural Order
- Safe school sanitation infrastructure report
- SECTION27 joins case about unsafe school infrastructure
- The plight of School Sanitation in Limpopo
- Limpopo School Pit Toilet Case to return to Polokwane High Court next week
- Judgement in the Limpopo Sanitation Case
- Limpopo Department of Education Sanitation plans 2021
- Limpopo Department of Education Sanitation plans 2022
- Michael Komape Sanitation Progress Monitor
- OP-ED | In the mission to eradicate pit toilets, this new progress monitor democratises data for Limpopo schools
Introduction
Our work on sanitation in schools has focused mostly on schools in Limpopo so far. Limpopo schools have a serious shortage of safe sanitation. According to 2014 data, a reported 3000 schools were still using dangerous and unsanitary pit toilets. Updated figures from 2019 show that of 3,932 schools in the province, there are still 2,226 schools that have unlawful pit toilets. Progress made to eradicate pit toilets from the province has been slow.
In 2012, when we were working in Limpopo on the #TextbooksMatter campaign, we became aware of the problem of school sanitation. We then began an ongoing campaign of writing to and meeting with the Department of Basic Education (DBE) and the Limpopo Department of Education (LDE) in an attempt to raise awareness of the issues of unsafe and undignified toilets and sanitation infrastructure at schools, and get the departments to improve the situation. See full timeline that lead to our court action here.
This issue became all the more urgent in January 2014, when six-year-old Michael Komape fell into one of the pit toilets at his school and drowned. We have been working on the Komape case to improve the sanitation situation in Limpopo schools so that this never happens again. We decided to take the Department of Basic Education and Limpopo Department of Education to Court for their failure to provide safe and dignified school sanitation infrastructure to learners.
The Case: Rosina Komape and others v. The Department of Basic Education and the Limpopo Department of Basic Education
Seeking closure and justice, Michael’s family claimed damages from the Minister of Basic Education, the Limpopo MEC for Education and the school principal, on the basis that they acted negligently and in violation of learners’ constitutional right to a basic education. The family also asked for a declaration by the court as to the rights violated to clarify the State’s obligations regarding school sanitation. A court date was set down for the 13 November to 1 December 2017 before Deputy Judge President Fikile Mokgohloa at the Polokwane High Court – close to four years after Michael died in the hazardous pit toilet at his school.
During the court case, Michael’s parents – Rosina and James – and his sister, Lydia, took the witness stand. Lydia remained resolute and grew even more fierce in her contempt for the callous way the state had treated her brother’s death and family’s grief. Illustrating her trauma, she emphatically stated:
“we gave the Department of Education Michael alive, and they returned him as a corpse.”Lydia Komape, in the case of Rosina Komape and Others v. Department of Basic Education and Others.
The Polokwane High Court Judgment
The Polokwane High Court found that the DBE had acted unconstitutionally by failing to provide safe and decent sanitation at schools. The court handed down a structural order, requiring the education authorities to audit the state of sanitation and provide a detailed plan for the eradication of unsafe sanitation to remedy the situation by 30 July 2018. The court however dismissed the claim for emotional shock, trauma and damages for grief.
Our appeal – taking the Komape Case to the Supreme Court of Appeal
In order to continue fighting for #Justice4Michael, SECTION27 and our partners appealed the Polokwane High Court judgment, seeking damages for the Komape family. After a five year legal battle, finally justice was achieved for Michael Komape – the Supreme Court of Appeal made a pronouncement about the undignified and unsafe nature pit-latrines. The ruling by the SCA has set an important precedent that “will hopefully in itself, move those in authority to take action to improve” sanitation in schools. The judgment is also clear about “the failure to provide proper sanitation facilities at schools is a breach of rights.” The Department of Basic Education has a responsibility to ensure that the right to basic education is achieved in an environment that does not breach the rights of learners to equality, dignity, life or a safe environment.
The SCA’s judgment on the appeal also recognised the grief and emotional shock that the Komape family endured in the prolonged battle with the DBE.
A victory for the Komape family and a landmark judgment!
The Structural Order
SECTION27 is returning to the Polokwane High Court to continue the fight for safe, dignified and sanitary school toilets in Limpopo. We filed heads of argument with the court on 12 October 2020 to continue our, now six-year, legal battle against the Limpopo Department of Education (LDOE) and Department of Basic Education (DBE) to fight for the eradication of the pit toilets responsible for the deaths of learners around the country, including Michael Komape.
Safe school sanitation infrastructure report:
TOWARDS SAFE AND DECENT SCHOOL SANITATION IN LIMPOPO: The Most Fundamental of Dignities.
After the tragic deaths of 5 year old Michael Komape and countless other learners who fell into pit latrines and drowned at school, SECTION27 researched the state of school sanitation infrastructure in Limpopo.
The plight of school sanitation in Limpopo
Visit our interactive site which breaks down the history of school sanitation infrastructure problems in Limpopo.
MEDIA ADVISORY: Limpopo School Pit Toilet Case to return to Polokwane High Court next week
SECTION27 is returning to the High Court of South Africa (Limpopo Division) in Polokwane on Monday 24 May 2021 to continue the fight for safe, dignified and sanitary school toilets in Limpopo. Members of the press are invited to join the court hearing. SECTION27 staff will be available for comment. We are going back to court to fight for the implementation of the structural order which was handed down in the Rosina Komape and Others v. Department of Basic Education and Others case. The court had ordered in 2018 that the Department of Basic Education (DBE) and the Limpopo Department of Education (LDOE) must file plans to eradicate pit toilets and provide the court with an updated audit of sanitation needs at schools in the province.
Judgment in the Limpopo Sanitation Case is a vindication of learners’ rights
SECTION27 welcomes the judgment of the High Court of South Africa (Limpopo Division) in the Rosina Komape and others v Minister of Basic Education and Others handed down by Judge Muller on Friday 17 September 2021. The court has found in favour of the relief sought by SECTION27.
The judgment is a vindication of the rights of learners in Limpopo to safe and dignified sanitation. It follows a six-year legal battle to ensure that the Limpopo Department of Education (LDOE) and the Department of Basic Education (DBE) eradicates pit toilets in that province.
Limpopo Department of Education Sanitation Infrastructure Plans 2021
Following SECTION27’s return to court to fight for the eradication of pit toilets from schools in Limpopo in September 2021, the Limpopo Department of Education (LDOE) has developed new plans for sanitation infrastructure delivery at schools in the province. On 17 December 2021, the LDOE filed updated plans to address this emergency.
Limpopo Department of Education Sanitation Infrastructure Plans 2022
Following SECTION27’s return to court to fight for the eradication of pit toilets from schools in Limpopo in September 2021, the Limpopo Department of Education (LDOE) has developed new plans for sanitation infrastructure delivery at schools in the province. While these plans are an improvement on the LDOE to eradicate pit toilets, more work needs to be done to prevent deaths or injuries of learners while at school due to unsafe school sanitation infrastructure.
In a decisive judgment, Judge Muller from the High Court of South Africa (Polokwane Division) described the persistence of pit toilets at schools as a “national emergency”. On 17 December 2021, the LDOE filed updated plans to address this emergency. SECTION27 has since analysed the plans and found that while this report is far more comprehensive and detailed than previous plans, it has some serious inconsistencies, which may jeopardise whether the government can actually implement this plan.
The Michael Komape Sanitation Progress Monitor
On 17 September 2021, the High Court (Limpopo Division) ordered the national Department of Basic Education and the provincial Limpopo Department of Education (LDoE) to develop a plan to urgently eliminate pit toilets and install safe and dignified sanitation facilities at schools in Limpopo. The plan had to include deadlines and a detailed budget. In December 2021, the LDoE submitted its plan and deadlines. It has to submit progress reports to the court every six months.
SECTION27 has created this tool to allow the public to monitor the progress made, to ensure that deadlines are met and that no school falls through the cracks.
OP-ED| In the mission to eradicate pit toilets, this new progress monitor democratises data for Limpopo schools
For years it has been almost impossible for civil society to know whether the removal of pit toilets and other inadequate sanitation would ever be prioritised by the Limpopo education department – while pupils faced the daily risk of injury and even death in poor sanitation conditions.