The provincial and national Departments of Education must file a plan within 90-days.
The Komape family had initially claimed damages in the high court, but this was overturned in the Supreme Court of Appeal in 2019 when they were awarded R1.4 million.
In the scathing judgment, Judge Gerrit Muller ordered in part: “The defendants are directed to file with this court, within 90 days from the date of this order, a revised and detailed plan that provides an accurate, consolidated, and verified list of schools with pit toilets in the Limpopo province, identifying the name and location of the school, and indicating schools which only have pit toilets and schools which have pit toilets in use, alongside other forms.
The judgment added: “The defendants must provide a clear methodology for updating and auditing the list of schools on a regular basis, and identify which sanitation programme each school on the list falls under.” So far, more than 3 000 schools use pit latrines across the country, with most being in Limpopo, KwaZulu-Natal and the Eastern Cape.
Responding to the Pretoria News, Department of Education spokesperson Elijah Mhlanga said: “We have noted the judgment and will comply by it.”
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