High Court rules that Department of Basic Education's failure to provide textbooks violated learners' rights

Equal Education (EE) wishes to congratulate SECTION27,Hanyani Thomo Secondary School and Tondani Lydia Masiphephethu - represented by the Centre for Applied Legal Studies (CALS) - on their successful High Court application against the Department of Basic Education and the Limpopo Department of Basic Education (the respondents).

On Thursday morning, 17 May 2012, Judge Kollapen ruled that the failure of the respondents to provide textbooks to learners in Limpopo for the start of the school year was a violation of their Constitutional right to a basic education.

Judge Kollapen ruled that the matter was urgent and ordered the respondents to supply the learners with textbooks by 15 June 2012. The respondents were also ordered to devise a catch-up to help learners who had fallen behind their curriculum.

This case was important in highlighting the importance of textbooks in education. Quality learning and teaching cannot take place without adequate access to textbooks. Learners require textbooks to access information, to do homework and to study for tests and exam. Textbooks are also of vital importance to teachers. For many of them, they are their main source of subject content.

Prior to the High Court hearing, a meeting took place between EE's Tembisa branch, SECTION27, the National Association of School Governing Bodies and the Treatment Action Campaign. Following a lengthy discussion regarding the serious challenges facing learners and educators in public schools, the organisations have decided to convene a Limpopo Education Crisis Conference.

The conference will explore the broader problems facing schools in Limpopo.  These will include: how to monitor the implementation of the High Court's order, the state of toilets and sanitation in Limpopo and incidences of sexual abuse in schools. The conference will also discuss the need for Minimum Norms and Standards for School Infrastructure, as demanded by EE in its litigation in the Eastern Cape. The organisation has also committed to promoting better knowledge of the Constitution and strengthening school governing bodies.

Statement issued by Lukhanyo Mangona, Equal Education, May 17 2012

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