Appearing before a full bench of Justices in the Supreme Court of Appeal (SCA) in Bloemfontein on Monday, Spoor, who heads up a law firm in Johannesburg - known for representing 25 000 miners in the landmark R5 billion Silicosis and Tuberculosis class action - was accused of prematurely trying to further his Listeriosis clients’ case in his urgent application to link the cases in the SCA today. 

This as the Komape family members, represented by advocacy groups Section 27 and Equal Education, are appealing the Polokwane High Court’s 2018 decision to dismiss the R3 million claim for general and constitutional damages suffered by Komape’s grieving family. The young schoolboy was a learner at Mehlodumela Primary School in Limpopo in 2014 when he fell into a pit latrine and drowned in faeces.

Spoor argues in his urgent application, that what happens to the Komape case in the SCA will affect their pending High Court class action in which the families of 86 children are seeking compensation for their deaths. He says this is because of the shortcomings in Common Law pertaining to the wrongful death of a child and the compensation thereof to the families. Both legal teams agree on the shortcomings of the Common Law and seek to have it developed.

It was Justice Malcolm Wallis who brought up Spoor’s contingency fee in the Listeriosis case asking if he indeed has a vested financial interest in the outcome of that case. Justice Mahomed Navsa, on the other hand, criticises Spoor and his legal team for bringing such an application at the last minute, adding that the documents presented were vast and should have been submitted earlier.

Spoor and Advocate Vincent Maleka - speaking on behalf of the Komape family - both maintain the respective claims are based on a breach of dignity. Maleka would go on to make this argument in their own application.

Spoor’s application was denied and he was seen leaving courtroom A during the tea break.

OFM News