The Supreme Court of Appeal (SCA) will on Monday hear the late Michael Komape's case brought by rights lobby group Section 2.
Komape was five years old when he drowned in a pit toilet at Mahlodumela Primacy School in Chebeng Village, outside Polokwane, on 20 January 2014.
His parents are suing the state for R3m and also want to compel it to provide decent sanitation at schools across Limpopo.
In light of the case being heard today, Eusebius McKaiser chats to Equal Education research co-head Rone McFarlane, Soul City Institute CEO Lebo Ramafoko and Section 27 executive director Umunyana Rugege.
Rugege says Section 27 is appealing some aspects of the high court ruling, including damages claims as well as the court's refusal to grant a declaratory order.
What we want is to get some compensation from this court that was denied by the high court.— Umunyana Rugege, Executive director - Section 27
She says Komape's family is at the supreme court and have attended all the different sessions in trying to seek justice.
Without a sense of justice, it is really hard for the family to move forward with their lives.— Umunyana Rugege, Executive director - Section 27
The Constitution requires an accountable and a responsive state, and that hasn't happened in this particular case, she notes.
Ramafoko says her heart breaks for the family that lost a child.
South Africans have been very nice in allowing government officials paid by the public money to not face any consequences for some of the worst crimes against citizens.— Lebo Ramafoko, CEO - Soul City Institute
McFarlane says children are sent to schools to get an education, not to encounter circumstances that threaten their lives.
It is very sad to be here to talk about a pupil who died under horrific circumstances and, sadly, knowing that he is not the only one who has faced those types of circumstances.— Rone McFarlane, Research co-head - Equal Education
Listen below to the full interview: