The Commission has learnt that the affected areas include Kroondaal, Bloemhof and other areas within the Dr Kenneth Kaunda District Municipality. The shutdown of the schools deprives learners of their right to education which is protected in our law. The Commission welcomes the steps taken by the North West Department of Education to mitigate the impact of the protest on the learners’ human rights by ferrying hundreds of Grade 12 learners to various examination centers which will provide the learners the opportunity to study and write their exams. While this is not ideal and unfortunate given the importance of the matric year, it provides learners an opportunity to write their examinations.

The Commission notes with concern that schools appear to be the target of protest-related action and education is a casualty of such action, even when the cause of the action is not directly related to education. In its report arising from its National Investigation on the Impact of Protest-related Action on the Right to a Basic Education in South Africa, the Commission found that:

•    The manner in which the right to protest is exercised needs to take into consideration other rights such as the right to a basic education and the principle of ‘the best interests of the child’. Ensuring that children do attend school should be a priority for communities, public officials and society, acting in concert in the interests of the children’s right to education.

•    Protesters who deny access to education are violating the law and the right to a basic education of the affected learners.

•    Learners are disadvantaged by certain protest-related action in that they are consequentially (a) physically barred or intimidated from attending school; and (b) infrastructure on which learners rely to access education is damaged or destroyed.

The Member of Executive Council (MEC) for Education in the North West Province has requested the Commission to intervene in order to promote and protect the rights of the learners in those communities that are currently being affected by protest action. As part of its intervention, the Commission will do the following:

•    Engage with the community to determine how it may assist to resolve  identified concerns
•    Engage with the South African Police Service (SAPS) and other relevant stakeholders on the concerns
•    Secure an undertaking from the SAPS that no learner is physically barred or intimidated from attending school and that infrastructure on which learners rely to access education is not damaged or destroyed.
•    Provide feedback to affected communities
•    Provide support for the resolution of community concerns raised with the Commission

There remains a need for wider appreciation of the rights to education and the rights of children, particularly in the course of protest related actions.  The Commission encourages efforts at sensitizing duty bearers and communities about these rights. In addition, the Commission will roll out its own awareness raising interventions in the province over the coming months.

The Commission calls on the government and all role players to expedite efforts to resolve the impasse that has led to the protests. The Commission further calls on the law enforcement agencies to maintain public order and to protect and secure the inhabitants of the affected communities within the ambit of the law.

Ends
For further information or enquiries, please contact: SAHRC North West Provincial Manager, Mr. Osmond Mngomezulu (This email address is being protected from spambots. You need JavaScript enabled to view it.) or 063 1251 383.