Eastern Cape Government Mandated to Provide Scholar Transport Following High Court Ruling

In a landmark decision on December 19, 2024, the Makhanda High Court in South Africa has ruled against the Eastern Cape government's longstanding excuse of insufficient funding, ordering it to provide scholar transport for all qualifying learners by 2025. Acting Judge Nicola Molony criticized the government’s failure to fulfill children’s basic educational rights and mandated a concrete plan to address this issue promptly.

The case, presented by the Legal Resources Centre (LRC) on behalf of several schools and the Khula Community Development Project, highlighted the dire situations faced by approximately 50,000 learners who lacked proper transport in 2024. The absence of transport forced many students to endure long, hazardous walks to school, compromising their safety and educational engagement.

Judge Molony’s ruling emphasized that the right to basic education is "immediately realisable" and cannot be sidelined by financial constraints. The Eastern Cape departments of education and transport were criticized for ignoring queries from the South African Human Rights Commission (SAHRC), which had previously reported in 2014 that only about a quarter of qualifying learners received scholar transport.

The court's decision includes strict deadlines: all applications for scholar transport must be decided by the end of January 2025, with decisions communicated shortly thereafter. The education department must also provide progress affidavits over the next seven months, detailing their compliance with the court's orders.

Prominent figures like Cameron McConnachie of the LRC and Petros Majola of the Khula Development Project expressed both relief and determination following the ruling. They acknowledged the judgment as a significant advancement yet noted the ongoing challenge to secure transport for an additional estimated 40,000 learners.

Dr. Eileen Carter from the SAHRC and spokespersons from the involved departments recognized the ruling as a reinforcement of the government's duty to ensure the provision of education through necessary services like transport. Despite this acknowledgment, the response from the government departments suggests a cautious approach going forward, as they review and consult on the implications of the court's orders.

This ruling not only addresses the immediate needs of Eastern Cape learners but also sets a precedent highlighting the government's obligations under the South African Constitution to proactively ensure all children have safe, reliable access to education.