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The Eastern Cape Education Department is one of five Provincial Education Departments that will face legal action from the SA Human Rights Commission over the lingering issue of pit latrines at schools.
According to the SAHRC, the Eastern Cape still has over 2 200 schools utilising pit-toilets. The other provinces that will also face legal action are Kwazulu Natal, North West, Mpumalanga, and Free State.
The Commission announced its plans at a media briefing on Tuesday, saying it will be seeking "a structural interdict toward the elimination of pit latrines at schools across the country."
SAHRC Deputy Chairperson, Fatima Chohan, said: "this will be the largest case brought against (the) government since the establishment of the South African Human Rights Commission."
She said the included in the relief being sought is an order that each of the Provincial Departments provide the Court and the Commission with costed work plans and timelines to eradicate pit toilets.
"The timelines should take into account the urgent need to provide access to water and adequate sanitation to all schools, and where necessary a need to put in place temporary measures until the permanent installations are completed," she said.
Chohan said, "the threat to life and the daily assault on the dignity of children requires that the matter be approached in a strategic manner designed to achieve the desired outcome of safe schools where human rights are respected and the best interests of children is the yard-stick."
She said the SAHRC, having tried engagement with the relevant authorities, sees no other option but to litigate in this regard.
She said no other strategy is likely to produce the desired result namely, measurable progress towards the eradication of pit latrines in all schools and the provision of an acceptable form of sanitation in those schools currently offering none.
The issue was thrust into the spotlight in 2014 when 5-year-old Michael Komape fell into a pit latrine toilet at Mahlodumela Primary School in Limpopo.
The previous year, also in Limpopo, 7-year-old Lister Magongwa, died after the walls of a toilet collapsed on him.
In 2017 and 2018, two more lives were lost when Siyamthandwa Mtunu (6), and Lumka Mkweta (5) fell into pit latrines in the Eastern Cape and drowned.
Chohan said while the Commission intends to bring litigation in this regard in 2022, she said it is hoped that in prioritising their budgets for next year, the relevant Provincial Executive Committees will take note of their intention and begin to prioritise this important matter.
(Additional reporting: Jacaranda FM)
