Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

How body corporate meetings are chaired and regulated in sectional title schemes

August 21, 2026

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026

Company loses R3.5 million claim after its own witness destroys the case

August 21, 2026
Facebook X (Twitter) Instagram
Trending
  • How body corporate meetings are chaired and regulated in sectional title schemes
  • Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest
  • Company loses R3.5 million claim after its own witness destroys the case
  • High Court tells mother of twin sisters to ask judge to enforce school registration order
  • Former Tshwane councillor unlawfully authorised roadside businesses in Mamelodi
  • Rhodes University SRC candidate fails to overturn expulsion following LGBTQIA+ posts
  • The truth about estate gate licence scans that everyone is getting wrong
  • Gertrude Shope’s enduring legacy continues to shape women’s leadership in South Africa
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Years of underfunding have left learners without textbooks, stationery and basic services
Human Rights

Years of underfunding have left learners without textbooks, stationery and basic services

Makhanda schools, backed by the Legal Resources Centre, say years of funding below national targets have left poor families, teachers and principals paying for basic school needs.
Conviction Staff ReporterBy Conviction Staff ReporterAugust 19, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • 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.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

Basic education Eastern Cape schools Legal Resources Centre Makhanda school funding
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Conviction Staff Reporter

Conviction.co.za — Towards a Positive Impact on People

Related Posts

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026

High Court tells mother of twin sisters to ask judge to enforce school registration order

August 21, 2026

Rhodes University SRC candidate fails to overturn expulsion following LGBTQIA+ posts

August 21, 2026
Leave A Reply Cancel Reply

Prove your humanity: 0   +   8   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Sectional Title Law
4 Mins Read

How body corporate meetings are chaired and regulated in sectional title schemes

By Ashwini SinghAugust 21, 20264 Mins Read

A practical guide to the appointment, powers and legal duties of body corporate chairpersons, and the remedies available when meeting procedures are not followed.

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026

Company loses R3.5 million claim after its own witness destroys the case

August 21, 2026

High Court tells mother of twin sisters to ask judge to enforce school registration order

August 21, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Eskom ordered to tackle Kusile pollution with urgent 30-day environmental action plan

August 17, 2026

Pretoria court registrar who issued fraudulent court orders struck off legal roll

August 17, 2026

10 landmark Constitutional Court cases that changed South African law

August 16, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by