The matter has been set down for hearing on Thursday, 12 November 2026.

In December 2024, the High Court declared the province's failure to provide scholar transport to qualifying learners unconstitutional. Despite this judgment, tens of thousands of learners remain without transport, with some unable to attend school and others forced to walk extraordinary distances under unsafe conditions.

The Commission seeks enforceable relief requiring the responsible provincial departments and financial authorities to take coordinated, time-bound steps to secure the necessary funding and ensure scholar transport for all qualifying learners.

For many learners in the Eastern Cape province, state-provided scholar transport is the only safe and reliable way to get to and from school each day. Walking long distances to school is difficult or impossible for many of these learners, and private transport is unaffordable. This leaves families reliant on state-funded scholar transport to provide their children with a safe route to and from school. Their rights have already been irreparably harmed, and this is worsening as these learners fall further behind at school.

The SAHRC reiterates that the right to basic education is immediately realisable. Administrative and financial challenges cannot indefinitely deprive children of access to education.

ENDS