Eastern Cape mud schools: DA takes steps to ensure compliance with High Court ruling

A visit conducted by a Democratic Alliance (DA) delegation on Saturday 2 July 2011, to three mud schools in the remote Libode area of the Eastern Cape, revealed that the Department of Basic Education, the Eastern Cape Department of Education and the OR Tambo District Municipality are individually and jointly in contempt of a High Court agreement to provide decent infrastructure to what are likely some of the worst mud schools in the province.

The DA delegation was led by DA Federal Chairperson and Shadow Minister of Basic Education Dr. Wilmot James, and included Eastern Cape DA MPLs Veliswa Mvenya and Edmund van Vuuren.

According to the High Court agreement (Case No. 504/10 in the Eastern Cape High Court of Bhisho), R84 million was to be spent on temporary measures to improve the infrastructure of mud schools (including the provision of mobile classrooms, water tanks and sufficient desks and chairs). This phase was to be completed by 31 March 2011. The provision of properly built new schools is set to be completed by 1 May 2012, and work on the new schools was supposed to commence on 31 May 2011.

According to the agreement, the Eastern Cape Department of Education was to provide mobile classrooms, water tanks and sufficient desks and chairs. The National Department of Basic Education, beyond providing the R84 million allocated to temporary improvements in the schools' infrastructure, is supposed to ensure that the OR Tambo Municipality provides water, and provides it indefinitely, to the schools.

The visit by the DA delegation to Madwaleni, Nkonkoni and Nomandla senior primary schools, and a verbal report from the principal of Tembeni Senior Primary School, revealed that all three spheres of government have failed to comply in respect of some of the temporary measures, and all of the permanent measures set out by the High Court ruling. While in all cases much needed temporary classrooms were provided, new water tanks had only been provided to one school. None of the schools had new desks and chairs, and all remained without a water supply.

There were no signs of progress in building the new structures, not even the beginnings of a foundation, on which work was supposed to commence on 31 May 2011 - more than one month ago.

Details of the progress that has been made at each school assessed by the DA delegation follows below:

Madwaleni: Four temporary classrooms have been provided. The school grounds have been secured with a sizeable new fence, a security measure out of step with the civic peace in this part of the world. The pit latrines are utterly inadequate for the 355 learners and 9 teachers. New water tanks have yet to be delivered by the OR Tambo Municipality. New desks and chairs have not arrived. There is only a partial electricity connection.

Nkonkoni: Four temporary classrooms have been provided, and the school grounds have been secured with a new fence. The toilets, built by the local community and not government, are of reasonable quality but there are too few facilities for the number of learners and teachers. There is no electricity connection (there is a solar heating panel but it is not functional) and there are no water tanks.

Nomandla: The DA visited this school in September 2010. At first glance, the improvements, which include four temporary classrooms and a new fence, appear to be considerable. However, the learners are still without new desks or chairs. The toilets, built previously by the community, are not consistently fit for human use, and are inadequate given the number of learners and teachers. The school has no new water tanks and only a partial electricity connection.

Tembeni: The principal informed the DA that four temporary classrooms are being erected. Poles have been planted, but the fence has not yet arrived. New water tanks have been installed but there is still no water supply, and there is no electricity connection. The toilets are inadequate for the number of learners and teachers at the school.

Even though a start has been made at these schools, some critical deadlines have not been met. As a consequence, it is unlikely that these mud schools will start the new term as functional centres of learning.  It appears that the national, provincial and local administrations concerned do not regard addressing the needs of rural schools - which are away from the public spotlight - as a priority.

Clause 9 of the legal agreement brought before the Bhisho High Court by Rhodes University's Centre for Child Law, stipulates that ‘[S]hould there be non-compliance with any of the terms of the agreement, any party to these proceedings has the right to approach the High Court on an expedited basis for appropriate relief ... .'

The DA urges the Centre to approach the Court. To add urgency to need, I will today be meeting with Rhodes University's Vice-Chancellor Saleem Badat to secure his support and vigilance in the effort to bring justice to the teachers, parents and learners affected by the judgment.

Statement issued by Wilmot James, MP, DA shadow minister of basic education, July 4 2011

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