'Shock' as Judge Dismisses Damages Claim in Pit Toilet Death Case

"It is our view that this is a missed opportunity for developing the law in respect of constitutional damages," said South African legal advocacy group Section27 in response to a decision by Judge Gerrit Muller of the Polokwane High Court to dismiss a claim for roughly R3 million in damages brought against the Limpopo Department of Basic Education for the drowning of five-year-old Michael Komape in a school pit latrine in 2014.

James and Rosina Komape remember clearly the day their son Michael drowned in a toilet at his school.

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