The Democratic Alliance has lodged a complaint with the SA Human Rights Commission (SAHRC) after Unecebo Mboteni, a three- year-old boy from Mdantsane in the Eastern Cape, tragically lost his life after drowning in a pit toilet at a crèche last week.

The official opposition said in a statement that they have already submitted the complaint to SAHRC against the Minister and Department of Basic Education Angie Motshekga, which will seek to have an order declared that they have violated the most basic human rights. "We also undertake to complete an oversight to this centre to ascertain the current conditions and dangers these children face. Justice for these horrific and preventable incidents is not negotiable, " said DA Member of Parliament, Baxolile Nodada.

He added that the Constitution of South Africa enshrines the right to life, dignity and protects the rights of all children, including basic services. "Unfortunately, little Unecebo was a victim of the total failure of the department to uphold these rights. The department has continuously been disingenuous when it comes to removing pit toilets in provinces such as KwaZulu-Natal, the Eastern Cape and Limpopo. In a parliamentary question last year, the Department of Basic Education Minister, Angie Motshekga, appeared to constantly shift the goalposts in terms of its target to remove pit toilets and became defensive when questioned when the department ever intends to do away with these death traps," said Nodada.

Eastern Cape SAPS Spokesperson, Priscilla Naidoo, said information received alleges that on April 18, the minor fell into a pit toilet at crèche in Unit 6 in Mdantsane. "The child was taken to hospital and died the following day. The matter was only reported to police after his death and an inquest docket was opened," said Naidoo.

EC Department of Education MEC, Fundile Gade, relayed his condolences to the boy's family. "The loss of a life, especially at such a young age, is indeed one of the most devastating incidents, not only to the family and the centre management but the entire Eastern Cape community." he said. Gade said despite the fact that the child was under the management of the centre when the tragic incident unfolded, the department will be supporting the parents and entire staff during this difficult time. He said psychosocial support services and counselling were provided to the school on Monday. "The department will further provide guidance to the centre to ensure that it adheres to the guidelines provided by government for the safety of children under their care at all material times. This should be coupled with capacity building of the centre management and staff in general to avoid re-occurrence of these kinds in incidents in the future."