Court orders school to fix toilets

The 900 pupils at Nombulelo Secondary School will have new toilets within the next six months after the Eastern Cape High Court in Makhanda (formerly Grahamstown) on Tuesday granted an order to repair and replace broken and unsafe ones.

A fire broke out in May 2013, damaging a block of toilets at the school.

The department of education has still not resolved the problem.

The school is in a poor section of Makhanda and is solely reliant on government funding.

“The school has been trying everything in its power,” Legal Resources Centre (LRC) attorney Cameron McConnachie said. “It’s a sad commentary on the state of affairs when they have to litigate to get toilets fixed.”

The LRC said in a press release: “Despite continuing, exhaustive efforts by the school to have it repaired by the department of education, it has to date not been repaired.

“What remains of the burnt toilet block is unsafe and a health and safety hazard. Portions of the roof continue to fall down and the first-floor concrete slab is at risk of imminent collapse.

“[Those] who pass the building are exposed to danger daily.”

The LRC represented the school governing body in the case against the MEC for education, Fundile David Gade, and the superintendent-general for education in the Eastern Cape.

The court ordered them to “deliver a report within 30 days, outlining how the toilets will be repaired, refurbished or replaced; appoint a contractor to effect the improvements within 90 days; and ensure the improvements are completed within six months”.

The chairperson of the school governing body could not be reached for comment.

McConnachie said: “The real problem is the state of the toilets. They had functioning toilets at the school in other blocks, but this block was dangerous. It would have been acceptable to just demolish the block.”

The LRC statement said it welcomed the judgment and the “affirmation of pupils’ rights guaranteed by section 28 and 29 of the Constitution.

“This order is granted against the background of ongoing litigation and advocacy on the state of school sanitation in the country.

“Government officials in charge of providing education should take notice. If there is a failure to provide a safe and stable learning environment, those responsible may be held to account in court.”

Despite an e-mail inquiry and multiple phone calls, the MEC of education’s office could not be reached for comment.