Equal Education media statement: #Justice4Michael. Equal Education to make submissions as amicus curiae in Komape trial.
13 November 2017
This week the Polokwane High Court in Limpopo begins hearing evidence in the trial of the Komape family against the State, Komape v Minister of Basic Education and Others.
On 20 January 2014, 5-year-old Michael Komape died after falling into a dilapidated pit latrine at his school in Chebeng Village, Limpopo. Represented by Section27, Michael’s family seeks damages from the State for the trauma, loss of income, expense and grief that they have suffered and continue to endure.
Equal Education (EE) was admitted as a friend of the court (amicus curiae) in this matter. EE sought status as amicus curiae in order to demonstrate the history of our campaign for the adoption of binding Regulations on Minimum Norms and Standards for School Infrastructure. Our submissions to the Polokwane High Court demonstrate the knowledge the State had, or ought to have had, of the crisis of inadequate and unsafe school conditions in South Africa.
The State opposed EE’s amicus curiae application , claiming among other things that there were no Constitutional matters at play in the case. On 13 June 2016, the Polokwane High Court dismissed those claims as “without substance”. Our statement on that judgement is here.