n Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg - Critiquing the Komape decision - case report

Volume 2019 Number 4
  • ISSN : 0257-7747


The Komape case tells the story about a malfeasant government, the tragic death of a child, a grieving family, and an unresponsive law of delict that was left undeveloped, devoid of constitutional spirit. Michael Komape was five years old when he went to school one morning, never to return. He went to the pit latrine at school, fell into the hole, and endured a slow and painful death by drowning. His mother later discovered Michael’s dead body in the pit, with only his little arm sticking out of the sewage into the air (par 17-23). It was as if he was reaching for help. Indeed, reaching for hope. However, as will be seen in this discussion, the law does not respond to his outstretched hand.

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