Eastern Cape Department of Education reneges on court agreement - scandalous
The Eastern Cape Provincial Government as first respondent and the South African National Government as second respondent must be taken to court again. They failed to implement the agreement to deliver temporary structures to the seven mud schools by 31 March 2011 as instructed during the court case which was filed on behalf of the relevant schools by the Centre of Child Law at Rhodes University.
This failure was exposed by the Democratic Alliance when Donald Smiles (Deputy Shadow Minister of Basic Education) and I visited these schools on Tuesday, 5 April and Wednesday, 6 April 2011.
The Democratic Alliance committed itself in Parliament four weeks ago to do oversight work in line with agreement stipulations. We visited six of the seven schools in the Libode- and Nqeleni districts. Of the three schools in the Libode district, Madwaleni Senior School was the worst off. The same went for Tembeni Senior School in the Nqeleni district. The seventh school, Maphindela Senior Primary, could not be visited because of bad weather and the vast distance to the school.
The O.R. Tambo Municipality who is the third respondent in this agreement has provided water tanks to the schools but no water. The Eastern Cape Provincial Government has not provided anything, which comes down to scandalous disrespect: firstly towards the children and teachers in these schools; secondly for allowing continued use of the current mud structures, and thirdly for the court of law. This is totally unacceptable behaviour by the government. It must be brought to book -- again.
The DA will urge the applicants in this agreement to go back to court to change the agreement into a court order. There is no way that the government can be allowed to violate the rights of children in such a disrespectful manner. The learners interests must be put first and the government must give effect to section 28 (2) of the Bill of Rights as indicated in the South African Constitution.