Legal efforts got underway in the Makhanda High Court on Thursday, today to compel two Bhisho government departments to provide scholar transport to thousands of learners who have no means to get to school.
The Legal Resources Centre (LRC) launched urgent proceedings against the provincial and national government on behalf of the Khula Community Development Project, and the School Governing Bodies of the Mneketshe Junior Secondary School, and SeaView and Toyise Senior Secondary Schools.
They want to obtain an urgent interdict compelling the Eastern Cape Department of Education and the Eastern Cape Department of Transport to process all outstanding scholar transport applications, ensure the immediate provision of scholar transport to learners who qualify for transport under the province’s scholar transport policy, and devise a plan to ensure that a similar failure does not occur at the start of the 2025 academic year.
According to the LRC, over 50,000 learners are affected.
They said the Respondents’ argument stating budgetary constraints does not justify their failure to realise the learner's rights to basic education.
They are of the view that learners' rights to basic education, safety and security, equality, dignity and to have their best interests protected continue to be violated by the scholar transport crisis.
The respondents argued that they lacked the funds to provide all learners with scholar transport, they needed more time to solve the ongoing crisis, and that the Scholar Transport Policy is being revised.
They further said the Eastern Cape faces unique challenges with scholar transport given the rural challenges of the province.
To this, the LRC said the Respondents have known about this crisis and litigation on the issue has been brought "time and time again."
In a statement released previously, the LRC said denying qualifying children scholar transport has forced learners to walk long distances to school each day, leave their immediate families behind to temporarily relocate to be closer to school, or pay for expensive private transport which many cannot afford.
"For some learners, these alternatives are impossible and they either stay at home missing vital teaching time, or drop out altogether," the statement said.
The also stated that some learners have to cross dangerous rivers to get to school.
Judgment has been reserved.
