The Eastern Cape High Court in Makhanda has made a significant ruling that has the potential to change the lives of approximately 40,000 learners in impoverished and rural areas of the province.
Acting Judge Nicola Molony has declared the failure of the Eastern Cape Departments of Education and Transport to provide adequate scholar transport unconstitutional and invalid, thus paving the way for much-needed relief for the learners and their families.
In her ruling, Acting Judge Molony highlighted the dire situation faced by thousands of learners who endure perilous journeys to school, accessing education under increasingly vulnerable conditions. “These families do not have the means to find a solution to this challenge,” she stated, emphasising the negative ripple effects this transport inadequacy has had on education in the region.
The court order necessitates immediate action from both departments to ensure qualifying learners are provided with scholar transport in time for the 2025 academic year. According to the ruling, all new applications for transportation must be resolved by the end January 2025, and qualifying learners must receive transport within 10 days of its approval. In cases where transport was previously denied, applicants must be informed of the reasons for refusal and granted a thorough appeal process. Where a decision had already been taken prior to the court order, the learners must be provided with transport by 17 January.
More critically, the court mandated that the Eastern Cape Department of Education develop a plan to support learners who missed significant school time in 2024 due to the lack of scholar transport, ensuring they can catch up effectively. The ruling includes a structural interdict, requiring that both departments report back to the court on their progress every 30 days, starting from 7 February 2025.
The court also dismissed an appeal from the departments seeking more time to amend their transport policies, labelling their claims of insufficient budget as unsupported. Acting Judge Molony’s observations on the socioeconomic status of the affected learners further underline the urgency of this judgment; many are from disadvantaged backgrounds and are among the most vulnerable in society.
The Legal Resources Centre, acting for the Khula Development Project in Peddie and numerous schools in the Eastern Cape, welcomed the order. Cameron McConnachie of the Legal Resources Centre acknowledged the serious work that lies ahead to implement the judgment, but described it as a crucial step toward realising the constitutional right to education for all learners in the Eastern Cape.
Similarly, Petrus Makola of the Khula Development Project expressed relief at the ruling, emphasising the importance of advocating for children’s rights. “It is quite embarrassing that every year we have to take our government to court,” he remarked, lamenting the persistent struggles faced by families living in precarious situations. “After so many years of democracy, it is disappointing that we have to go to court to get the government to do what they are supposed to do.”
