“The Commission finds that the Respondents (North West School for the Deaf, the Head of Department (HOD), North West Department of Education, the Member of Executive Council for Education (MEC), North West Department of Education, and the Minister of Basic Education) failed to comply with legislation and policy, including the National Building Standards, Regulations and National Norms and Standards, Regulations for Safety Measures at Public Schools and Uniform Norms and Standard the Department of Public Works Disability Policy Guidelines,” the SAHRC said in a statement.
The commission added that they further found that the human rights and dignity of the learners were not protected.
“The respondents failed to adhere to the minimum safety and fire standards relating to fire safety on the School premises, did not comply with legislative and policy imperatives for reasonable accommodation for learners with disabilities, did not protect the rights of learners with disabilities to access education, did not take positive steps to protect the learners, which was compounded by locking the doors to the residential facilities from the outside and that there is systemic non-compliance with the minimum building, safety and fire standards for residential facilities in special schools in the North West Province. This includes non-compliance at Hoërskool Wolmaransstad where the NWSD learners were moved after the fire.”
The SAHRC went on to direct various measures that had to be taken which included the HOD of the North West Department of Education conducting a full audit of all special needs schools in the North West Province in order to identify existing controls, training needs and risks to learners.
“The HOD is further directed to set up a centralised system through which compliance with safety standards is monitored and which enables timely interventions for corrective action where non-compliance is noted.”
The Commission made recommendations that the South African Council of Educators (SACE) institute disciplinary proceedings within three months of the receipt of the report, against employees and/or officials of the Second Respondent (HOD, North West Department of Education), responsible for school safety who failed and/or neglected to ensure that safety measures were in place at the NWSD on 24 August 2015.
“Where disciplinary measures have already been invoked – either by SACE or the Second Respondent (HOD, North West Department of Education) – that a detailed report of the disciplinary steps taken in the matter (if any) be provided to the Commission within three (3) months of the release of this Final Investigation Report.”
The SAHRC added that they would engage with the South African Police Service (SAPS) to establish and request that criminal proceedings be initiated against all implicated in the investigations by the SAPS.


Source: African News Agency (ANA)