The current statistics show that there are currently: 3 544 schools without electricity; 2402 schools without water supply; 11 450 schools still using pit latrine toilets; 22 938 schools without stocked libraries; 21 021 schools without laboratory facilities; 2 703 schools without fencing; and 19 037 schools without computer centres. This article examines the legal remedies available to address situations where a school is deprived of essential resources due to government neglect, hindering its ability to function effectively.
The Right to Basic Education in South Africa
As a point of departure, section 29 (1) of the Constitution provides that everyone has the right to basic education, adult basic education and further education. The South African Schools Act 84 of 1996 (“SASA”) sets out the legislative obligations the government ought to comply with, in order to implement S29 (1) of the Constitution.
S5A of SASA provides that schools within South Africa need to have classrooms, electricity, water, sanitation, internet connection, libraries, security fences and sports facilities. In addition, the Minimum Uniform Norms and Standards for Public School Infrastructure, 2013 (“the Regulations”), apply to all public schools. These regulations mandate that schools must be maintained in a manner that fosters a conducive learning environment.
This means the government has a responsibility to support schools in a manner that will create an environment in which everyone can enjoy the right to basic education.
Case Law
In the case of Section 27 & others v Minister of Basic Education & another, the Department of Basic Education (“DBE”) adopted a new national education curriculum. As a result, new textbooks were prescribed and these new textbooks needed to be available for use in time for the 2012 academic year for schools in Limpopo. It was therefore the responsibility of the government to supply schools in Limpopo with the new textbooks.
A significant number of prescribed textbooks were not ordered or delivered to schools in Limpopo province in a timely manner before the start of the academic year. This government failure was never rectified. Consequently, Section 27, along with two other applicants, approached the High Court seeking an order against the Minister of Basic Education of the Republic of South Africa and the Executive Council of the Limpopo Department of Education. They sought a declaration that the failure to deliver textbooks violated the South African Schools Act No. 84 of 1996, Section 195 of the Constitution of the Republic of South Africa, and the rights to basic education, equality, and dignity as enshrined in the Constitution.
The applicants also asked for a court directive to the respondents to provide textbooks for all relevant school grade learners on an urgent basis and develop and implement a ‘catch-up plan’ for at least the affected highest grade learners.
The High Court granted both remedies. The Department of Basic Education of Limpopo was directed to deliver all outstanding books within the set deadline of approximately one month from the date of the order.
In addition, the court directed the respondents to develop and implement a detailed ‘catch up/remedial’ plan for the learners in the highest affected grade, which was ordered to be filed with the High Court.
If your school is in a situation where it does not have access to water, electricity, quality safe infrastructure or access to learning materials, it could constitute a violation of the right to basic education. In such cases, you could apply to the court for an order compelling the government to comply with its obligations. Should you require legal assistance of such a nature, feel free to contact us or book a consultation.
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