- Eastern Cape schools have received less than the national per-learner target since 2020. In some years, schools got only about half the amount they were supposed to receive.
- The provincial education department has held back parts of school budgets, leaving schools short of money for textbooks, stationery, maintenance and basic services.
- Three Makhanda schools and the Makhanda Circle of Unity want the High Court to declare the funding decisions unlawful and unconstitutional.
On Wednesday, 19 August 2026, the High Court in Makhanda is set to hear a major challenge to the way public schools in the Eastern Cape are funded.
The Makhanda Circle of Unity and three local public schools, represented by the Legal Resources Centre, have taken the Eastern Cape Department of Education, the Minister of Basic Education and National Treasury to court over what they say are years of systemic underfunding.
The case began after the Eastern Cape Department of Education decided in 2020 to move away from the national per-learner allocation target. Since then, schools have consistently received less than the national target. This shortfall has affected textbooks, stationery, maintenance, municipal services and basic supplies.
Schools say funding rules were not followed
The Amended National Norms and Standards for Public School Funding set out how schools should get funding each year. The Minister of Basic Education sets a national per-learner allocation target, and provincial education departments use that target and the number of learners at each school to work out their budgets.
Although provincial departments can deviate from the target, the applicants say there are strict requirements. If a department cannot fund schools at the target level, it must work with the Department of Basic Education, National Treasury and the relevant Provincial Treasury to develop a joint plan to return to target funding as soon as possible.
The applicants say that no such joint plan was ever developed during the years when the Eastern Cape funded schools below the national target. The department has admitted in its court papers that this plan was never created.
Some schools received about half the target
During the 2020/21, 2021/22 and 2022/23 financial years, Eastern Cape schools received far less than the national allocation. In 2021/22, the national target was R1,466 per learner, but Eastern Cape schools received only R816, about 52% of the target. In 2022/23, schools got about 53% of the national per-learner allocation.
The applicants say the impact has been especially severe at no-fee-paying schools, which cannot rely on school fees to make up the difference. Parents, many of whom already depend on child support grants, have had to buy toilet paper, cleaning products and photocopying paper for schools. Teachers and principals have also spent their own money on stationery and textbooks.
The applicants say some schools have struggled to give learners textbooks and stationery, maintain buildings and pay for water and electricity.
Department continued retaining school allocations
The department later said it would fund schools at the national per-learner target for the 2023/24 financial year. However, the applicants say only 64.25% of each school’s full allocation was actually paid out, while the department kept the remaining 35.75% under a provincial norms and standards line item.
They argue that the Norms and Standards do not allow for this line item, and the department has not explained in court papers what the withheld money was used for or how it helped schools. The applicants say this practice is still happening. In the 2026/27 financial year, 40% of the school budget is being kept back, leaving schools with just 60% of their funds.
For no-fee-paying schools, the national target is R1,835 per learner, but the applicants say schools will get only R1,101. That amount has to cover all educational expenses, including textbooks and stationery.
Three Makhanda schools want the money returned
Hoerskool PJ Oliver, Ntsika Secondary School and Tyantyi Primary School joined the Makhanda Circle of Unity to launch the legal challenge in 2023. They want the court to review and overturn the department’s decision to keep 33.75% of school allocations during the 2023/24 and 2024/25 financial years, and to order the department to pay back the money it withheld.
They also want the court to declare that funding schools below the national target during the 2020/21, 2021/22 and 2022/23 financial years was unlawful, unconstitutional and invalid. The applicants also want a declaration about paragraph 114(b) of the Norms and Standards, which says a joint plan is needed when a provincial department deviates from the national target.
This issue has become important because the Eastern Cape Department of Education has admitted that no joint plan was developed during the years it funded schools below the national target.
Case could affect school funding beyond Eastern Cape
The proceedings have been delayed, with the applicants saying the department struggled to produce records of the decisions being challenged. Meanwhile, the disputed retention of school allocations has continued in later financial years.
The applicants say the relief they want could help schools recover money they believe was unlawfully withheld. They also argue that a court ruling on how the Norms and Standards are interpreted could affect other provinces where school underfunding is a problem.
At the heart of the case is the constitutional right to basic education. The applicants argue that provincial budgets should not decide how much education learners get. They say it is ultimately learners' rights, not budgets, that should shape the education they receive.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
