5 June 2018

South Africa: Michael Komape Case - Judgment to Be Delivered in Application for Leave to Appeal

Photo: Ciaran Ryan/GroundUp
James and Rosina Komape remember clearly the day their son Michael drowned in a toilet at his school (file photo).

Judgment in the application for leave to appeal a ruling in the Michael Komape case will be handed down in the Limpopo High Court on Tuesday.

In 2014 the 5-year-old fell into a pit toilet and drowned at Mahlodumela Primary School in Limpopo.Legal advocacy group Section 27 filed for leave to appeal after Judge Gerrit Muller rejected the family's civil claim of R3m for damages against the state for the wrongful and negligent death of Michael in April.

Instead, he ordered that two of Komape's siblings be paid R6 000 each for general medical expenses.On Friday, Judge Gerrit Muller heard Section 27's appeal in the Limpopo High Court sitting in Polokwane, where he initially stated that Section 27's application papers to appeal his judgment were two days late and therefore was "inadmissible".

However, senior counsel advocate Vincent Maleka argued that the notice was not late, as an earlier notice had been stamped on May 16.

Maleka said the second-last page of the appeal showed that it was received by all attorneys on time.

Section 27's education attorney Sheniece Linderboom says the advocacy group had followed the necessary processes in submitting its application to appeal the judgment.

She said they hoped that the outcome in Tuesday's proceedings would be positive and in their favour.

"[We] hope that today the judge will grant leave to appeal. If not, we will, therefore, be taking our application directly to the Supreme Court of Appeal and take it from there," Linderboom said. Proceedings in the Limpopo High Court are expected to begin at 09:30.

Source: News24

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