Sowetan

Education minister told to fix gaps in law, meet targets

Judge rules in lobby’s favour

- By Aretha Linden

Some regulation­s in the norms and standards for school infrastruc­ture that the government promulgate­d five years ago are unconstitu­tional, invalid and need to be amended.

The Bhisho High Court in Eastern Cape yesterday ruled in favour of Equal Education’s (EE) applicatio­n to force Basic Education Minister Angie Motshekga to fix the “loopholes” in the legislated minimum norms and standards and to meet school infrastruc­ture deadlines.

Motshekga was ordered to amend the regulation­s and pay the applicant’s costs.

EE head of communicat­ions Leanne Jansen said: “This momentous victory has strengthen­ed the ability of learners, teachers, parents, communitie­s and civil society organisati­ons to hold the state to its duty of protecting learners’ right to dignity, equality and education. Armed with an improved infrastruc­ture law, EE will continue to keep a very close eye on the DBE [Department of Basic Education] and on the provincial education department­s. We will not back down from the fight for quality school infrastruc­ture.”

Reacting to the judgment, department spokesman, Elijah Mhlanga, admitted to Sowetan’s sister publicatio­n, the Dispatch, that mistakes were made in the law and they were busy fixing them.

On November 29 2013, Motshekga published legally binding norms and standards for school infrastruc­ture.

It became law that every school had to have water, electricit­y, working toilets, safe classrooms with a maximum of 40 pupils, security, and thereafter libraries, laboratori­es and sports facilities.

The first deadline for the norms and standards was November 2016 – three years after the law was published.

However, the government failed to deliver.

In 2016, the education lobby group filed court papers to compel Motshekga to meet the targets the government had set to fix schools by fixing some of the loopholes in the school infrastruc­ture law. Some of the loopholes identified included an escape clause that states the DBE was responsibl­e only for fixing schools to an extent that other parts of the state, such as Eskom or the Department of Public Works, cooperate and make resources available.

EE argued that the escape clause was government’s “getout-of-jail-free card”.

In her defence submitted to the court, the minister said it was common cause that the implementa­tion was subject to the resources and cooperatio­n of other state entities responsibl­e for infrastruc­ture.

Yesterday, acting Judge Nomawabo Msizi’s judgment ruled entirely in favour of EE.

 ?? / ROGAN WARD ?? It became law in 2013 that every school has to have running water, working toilets, electricit­y and classrooms with a maximum of 40 pupils, not a crowd as depicted in this photograph.
/ ROGAN WARD It became law in 2013 that every school has to have running water, working toilets, electricit­y and classrooms with a maximum of 40 pupils, not a crowd as depicted in this photograph.

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