Staff Reporter.
Judgment in the matter between advocacy group Section 27 and the Department of Basic Education has been reserved.
Section 27 challenged the Limpopo Department of Education at the Polokwane High Court on Friday over its plan to completely eradicate pit toilets.
The group argues that the department has underspent on infrastructure at schools. The state argues that it could only achieve the eradication of pit toilets at schools by March 2031.
The case was prompted by death of five year old Michael Komape who died after falling into a pit latrine at school in 2014 in Limpopo. His father, James Komape believes they have presented a compelling case against the state.
The Supreme Court of Appeal (SCA) has since awarded the family of Michael Komape R1.4-million in damages for emotional shock and grief, after the five-year-old fell into a pit latrine at school and drowned.
It was “the most appalling and undignified death,” Justice Eric Leach said on behalf of a unanimous bench.
The appeal court also ordered the government to pay the costs of the litigation.
Section 27’s Boitumelo Masipa said it was unacceptable that government was taking so long to address the problem.
“In our view, this is unreasonable and unconstitutional. The persistence of pit toilets in schools continues to endanger the lives of learners.”