Judge Gerrit Muller has ordered the Limpopo Education Department and the Department of Basic Education to supply the court with an audited list of all schools in the province with pit latrines.

The judgement forms part of the Michael Komape case, and comes as work by the department is already underway to fast track sanitation infrastructure.

Request for financial compensation rejected

Judge Muller dismissed the R3 million financial compensation claims of the family, whose son lost his life at the age of five when he fell into a pit latrine at his primary school in Limpopo, but ordered the Limpopo Education Department (LED) and the department to replace all pit toilets in rural Limpopo schools. The order will be under the supervision of the court.

In addition, Judge Muller ordered that the department pay R6 000 each to Michael’s siblings, Maria and Onica Komape, for future medical treatment.

The judge said getting the department to replace all pit latrines in the province is more beneficial to all learners than the awarding of compensation on constitutional grounds to one family.

Securing safety with decent sanitation

“He has ordered the LED and department to supply the court with an audited list of all the schools in question and that the LED and department present costing and timelines so that the court can provide oversight in respect of ensuring these learners’ rights to decent sanitation is realised,” the department explained.

The department committed to comply with Judge Muller’s order to ensure that sanitation infrastructure is a reality.

“As the Department of Basic Education, we continue to sympathize with the family of Michael Komape for the terrible loss they have suffered and commit to comply with the order of the High Court and ensure the delivery of suitable sanitation infrastructure in all of our schools across the country,” the department concluded.