The Supreme Court of Appeal handed down judgment in Komape &
Others v Minister of Basic Education & Others on 18 December
2019, in which the Court grappled with the topical issues of
developing the common law in accordance with the Constitution and
the circumstances under which an award of constitutional damages is
appropriate.
The case relates to the tragic death of five year old Michael
Komape after he fell into a pit latrine at his school when the seat
collapsed due to lack of maintenance. The tragedy occurred after
education authorities failed to heed prior calls to action to
address the situation. Michael's parents and siblings
instituted a claim against the Minister of Basic Education and
other government and school officials for various delictual
damages, which the High Court largely refused to grant.
