Judge GC Muller in the Limpopo High Court has granted the Komape family leave to appeal to the Supreme Court of Appeal.
This comes after another court, despite finding strong failures on the part of the State, dismissed the claim for emotional trauma and the R2-million claim in April this year.
In 2014, five-year-old Michael who had been in grade R for three days at Mahlodumela Primary in Limpopo fell into a dilapidated pit toilet and drowned in faeces.
That prompted the family, defended by lobby group Section27, to institute a civil claim against the State for the wrongful and negligent death of Michael.
They claimed R940,000 for damages for emotional trauma, R2 million for the grief suffered by the family, and coverage of other expenses including funeral costs and loss of earnings.
Section27 now plans to apply for leave to appeal for the emotional shock and trauma claim, and to appeal on the court's dismissal of the other claims at the Supreme Court of Appeal.
Speaking to John Maytham, Educational Attorney at Section27 Sheniece Linderboon said Judge Miller granted leave to appeal in respect of everything accept claim A.
It was, claim B for the constitutional damages, claim C for the counselling for the younger children and the declaratory release that we had asked for.— Sheniece Linderboon, Educational Attorney at Section 27
He didn't however grant the release in respect of claim A which was for the general damages for emotional shock and trauma.— Sheniece Linderboon, Educational Attorney at Section 27
Listen below to the full interview: