http://www.theherald.co.za/article.aspx?id=613056

2010 10 08 Schools take government to court over lack of resources

IN what could be a landmark case, seven schools in the Eastern Cape's OR Tambo district, near Mthatha, are taking the local, provincial and national governments to court due to the lack of resources, saying their pupils' right to basic education has been violated.

The attorney representing the schools, Cameron McConnachie, from the Legal Resource Centre, said the right to education by means of proper infrastructure had not yet been tested in a court of law.

"This could be a landmark case depending on what happens.

"Whether or not the state is going to oppose this we have yet to find out, but I think the schools will be happy with whatever outcome leaves them with improved facilities," he said.

McConnachie said there were hundreds of other schools in the country which were still declared "mud schools".

The seven schools, all located in two of the poorest regions in South Africa, are the Nomandla, Tembeni, Madwaleni, Sidanda, Nkonkoni, Maphindela and Sompa senior primary schools.

The provincial Education Department yesterday declined to comment.

Department spokesman Malibongwe Mtima said: "We are unable to comment on the issue at this time because it will jeopardise the case. This is sub judice."

In court papers which are in The Herald's possession, the government of the Eastern Cape province, the Eastern Cape provincial Education Department and the OR Tambo District Municipality have all been named as respondents.

The Centre of Child Law, tasked with assisting the schools with taking legal action, described the learning conditions as "truly appalling".

Centre director Ann Marie Skelton said six of the schools had classrooms built from mud while Sompa had classrooms made from cinder blocks.

"The fact that their classrooms are built from these materials rather than from bricks and mortar or pre-fabricated material means the structures provide little or no protection from the elements for learners at the schools," she said.

Skelton said all seven schools also lacked access to adequate water and relied on tanks to catch rainwater. In the dry winter months pupils were forced to make use of two streams that were 2km away.

All seven schools also had a severe shortage of desks and chairs.

Ranet Matala, chairman of the infrastructure crisis committee of Tembeni Senior Primary School, which was created to deal with the school's infrastructure challenges, said the school had 257 pupils enrolled in grades R to 6 and eight teachers employed by the Education Department.

The buildings comprised six rondavels built by the community and two blocks of pit latrine toilets built by the department.

"The school does not have adequate fencing to secure the grounds and keep livestock out. Livestock can enter most of the classrooms when the school is not in use due to the absence of functional doors.

"The thatch has deteriorated, leaving holes in some of the rondavels' roofs. Only sections of these classrooms can be used when it rains," Matala said.

Lee-Anne Butler