Kamogelo Muvhenzhe
The family of five-year-old Michael Komape – who drowned in a pit toilet at his school in Moletjie Chebeng in Limpopo – have triumphed in their fight to get the department of education to supply schools in the region with safe and dignified toilets.
The Limpopo High Court in Polokwane ruled in their favour on Friday and ordered the Limpopo education department to eradicate pit toilets at schools.
There are over 1,400 schools across the nine provinces which still use pit toilets.
The court ordered the state to provide a list of all schools with pit toilets within 90 days, along with plans to eradicate them.
Legal advocacy group Section 27, which has been legally supporting the family since Michael died seven years ago, took the department of education to court to continue the fight over safe, clean and good sanitary toilets in Limpopo.
The provincial and national education departments have indicated that all Limpopo schools will only have flushing toilets by 2028 to 2030.
Michael’s father James Komape, who attended all the court cases with his wife, told Scrolla.Africa that they were pleased with the judgement as it would mean no learners will die at school as Michael did.
“The number of schools that are still using pit toilets in the province is shocking, and if it had to take the court to force the department to eradicate them, so be it,” said Komape.
Section 27 welcomed the judgement and said in a statement that it was a vindication of the rights of learners in Limpopo to safe and dignified sanitation.
In 2019 the Supreme Court of Appeal awarded Michael’s family over R1 million in damages.
The Limpopo High Court had previously dismissed the family’s claim for grief and emotional trauma.
