The right to a basic education, as contained in section 29(1) of the Constitution is not limited to access to schools, but includes sufficient and appropriate resources and infrastructure as an essential component. The inadequacy of schooling facilities has a particularly debilitating impact on learners as well as on educators and other staff at the school, and significantly impedes the ability to deliver and receive an adequate education.

Although the courts have previously upheld that the right includes the provision of proper facilities, yesterday’s judgment marks a significant milestone by entrenching the constitutional principles of accountability and transparency. It confirms that is it not sufficient for the Department of Basic Education (DBE) to merely develop Norms and Standards, but that it must be held accountable for its inability or failure to adequately budget and deliver.

This judgment will most certainly contribute towards the redress of past inequalities by ensuring that all schools are provided with a minimum standard of infrastructure necessary to uphold the rights to a basic education, to safety and security, human dignity, health, and the rights of the child.

The Commission has been continuously engaging with the DBE in relation to the development of its rapid plan of action to address the sanitation crisis in schools, and will continue to closely monitor the situation around school infrastructure. In line with its mandate, the Commission will not hesitate to take further steps to ensure that all reasonable steps are taken expeditiously by the Department to realise the fundamental rights guaranteed by the Constitution.

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Issued by the South African Human Rights Commission

Gail Smith – Spokesperson Tel: 060 988 3792 This email address is being protected from spambots. You need JavaScript enabled to view it.