| Kathryn Hendry (July 2010) |
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From the 15th July to the end of September 2010, I undertook an internship at the Grahamstown office of the Legal Resources Centre (“LRC”) in South Africa. The LRC is a human rights organisation that strives to triumph injustices suffered by the vulnerable and marginalised of society, including those who have been left landless, homeless and jobless through Apartheid and its lingering consequences. The cases to which I was assigned covered a wide spectrum of law, ranging from matters involving land title, commercial fraud, various socioeconomic rights and even biopiracy.
The Constitution of South Africa enshrines the rights of its people and the obligations placed upon the state to ensure these rights. Many of the challenges taken up by the LRC are an effort to hold the government to account in their seeming failure to fulfil the obligations imposed on them by the words of the South African Constitution. In one of the cases I had opportunity to assist on, the LRC mounted a challenge against the Department of Education (“DOE”) on behalf of seven „mud schools? in the most rural reaches of the Transkei. These schools have not received funding to improve their infra-structure despite the promises published in various development programmes issued by the DOE and the obligations placed upon this government department by the Constitution. I was part of the team that visited the schools to go through their affidavits before the final application papers were submitted. The schools are predominantly built of mud with straw or corrugated iron roofing. The few buildings made of brick and mortar have been built so through money raised by the community tired of waiting for the government to follow through on their promises. There is no running water at the schools, only a few schools had sanitation facilities and not even these were fit for purpose. The pictures illustrate the state that many of these school buildings are in, with gaping holes in both the roofs and walls of the structures. So bad are the conditions in some of the classrooms that many of classes have to be taught outside. The right to education for all is encompassed in s29 Chapter 2 of the South African Constitution. The parameters of this right are yet to be defined before the court in South Africa. It is hoped by the LRC that this case will allow an opportunity for these parameters to be defined so that it can be ascertained whether the right to education encompasses the right for all children to have desks, chairs, running water and have schools made of bricks and mortar. I am especially grateful for having the opportunity to have worked on this case which will be setting precedent on the right to education in South Africa. It was the most incredible experience to have been a small part of this organisation and to have worked under the guidance of this group of tenacious and passionate lawyers. - By Kathryn Hendry (July 2010)
Click to download the Durham University’s Law School e-bulletin in which Kathryn’s article appeared |
