Pupil transport row in court

MARIA Posega says 8km stand between her daughter, Bongiwe Khambule, and a chance for the child to escape a life of poverty.

This is the distance from their home in rural Manguzi, northern KwaZulu-Natal, to the nearest high school.

Posega believes if Bongiwe – who is physically disabled but mentally competent – got an education, a better life would be within her grasp.

But after years of trying in vain to secure decent transport to school, Bongiwe dropped out three years ago.

Today, rights organisation Equal Education will meet the provincial departments of education and transport in the Pietermaritzburg High Court to fight for subsidised transport for pupils like Bongiwe.

Equal Education wants a judge to declare the departments’ failure to provide transport for pupils at 12 Nquthu schools, a violation of their constitutional rights.

It also wants the departments’ decisions to refuse these children scholar transport – because of budgetary restraints and their deeming the schools, “schools of choice” as opposed to “schools of need” – reviewed and set aside.

Finally, it wants the departments to provide the court with a report on the status of transport for pupils in KZN.

Siphilisa Isizwe – a disabled people’s organisation, represented by Section27 – has joined proceedings as an amicus curiae (friend of the court), to make submissions on behalf of disabled people.

An affidavit deposed to by Posega, forms part of their papers.

In that affidavit, Posega said when her daughter was small, she carried her to school on her back.

But in Grade 9, after she had become too big for this, they turned to oMalume (bakkies).

Posega’s only income was a R1600 dependency care grant and oMalume was costly but she wanted Bongiwe to get an education. “So I tried,” she said. After months of arriving late and being sent home, Bongiwe gave up.

“I want Bongiwe to finish school… I want her to study further afterwards so that she can get a job like other children,” Posega said, “I don’t want Bongiwe to stay in this poverty, but without suitable, reliable transport Bongiwe cannot finish school.”

In its papers, Equal Education said the government’s stance that there was not enough money for transport for pupils, did not suffice.

“There is no indication from the provincial departments of education and transport, when this problem will ever be remedied, nor anything about how they will work together to resolve the problem… It is appropriate that they be called to account through an order to be supervised by this court.”

But the departments said they were working on a four-year programme, targeting 80000 pupils in the 2019/ 2020 financial year.

They maintained the budget for “scholar transport” was inadequate.

“The (departments) being sensitive to the increased demands of learners over the years, managed to secure additional amounts each year even within the tight fiscal constraints faced by the province. The budget has increased by approximately R90 million from 2012/2013 to date,” they said.

In their own papers, Section27 and Siphilisa Isizwe said the absence of a plan for scholar transport was affecting children with disabilities.

Equal Education said yesterday that protesters, who would be picketing outside court, would do so barefoot to highlight the “dangerously long distances” children walk to school.