If there is anyone who can give testimony on the state’s failure to build schools and provide them with basic services, it is James Komape, the father of Michael, 5, who died after falling into a pit toilet at a Limpopo school.
Komape, Michael’s mother Rosina and the child’s older siblings were in the packed gallery at the Bhisho High Court yesterday when the two-day legal showdown between Equal Education (EE) and the Department of Basic Education (DBE) commenced.
Two years ago, the lobby group filed court papers to compel Basic Education Minister Angie Motshekga to meet infrastructure targets the state had set to fix schools.
In the court papers presented yesterday, EE and Amatolaville Primary were cited as the two applicants versus Motshekga as the first respondent and her nine education MECs.
In her defence, Motshekga asked for other departments to be listed as respondents too, and to account for their failure to meet the infrastructure targets the state had set for itself.
EE argued there were unconstitutional loopholes in the school infrastructure law that the state was using to avoid its responsibility to fix schools.
They include an “escape clause” that states that DBE is responsible for fixing schools only to the extent that other parts of the state, such as Eskom or the Department of Public Works, provide resources. EE wants the court to set aside this clause, calling it a get-out-of-jail-free card.
EE also wants the minister to fix inappropriate wording in the law. It states that schools built entirely of mud, wood, zinc or asbestos should have been fixed by November 2016.
EE argues this means if an otherwise inappropriate school has even one structure made of proper building materials, such as a brick toilet block, the government may ignore its duty.
Citing lack of public accountability, it also wants school infrastructure plans released. EE also wants to ensure the DBE will not exclude schools that were already scheduled to be built before the law came into effect.
In her defence, submitted to the court by advocate SC Chris Erasmus, the minister said it was common cause that the implementation of the norms and standards was subject to the resources and cooperation of other state entities responsible for infrastructure.
This would include departments such as Public Works being responsible for some infrastructure, Water and Sanitation for that infrastructure and Energy for electrical infrastructure.
“None of these entities has been cited as respondents,” read her defence.
EE’s Daniel Linde responded: “We cannot sue all the ministers. It means we will sue all the hundreds of municipalities responsible for service delivery as well.” The case continues today. — arethal@dispatch.co.za
Battle to hold Angie to schools promises in court
Komape, Michael’s mother Rosina and the child’s older siblings were in the packed gallery at the Bhisho High Court yesterday when the two-day legal showdown between Equal Education (EE) and the Department of Basic Education (DBE) commenced.
Two years ago, the lobby group filed court papers to compel Basic Education Minister Angie Motshekga to meet infrastructure targets the state had set to fix schools.
In the court papers presented yesterday, EE and Amatolaville Primary were cited as the two applicants versus Motshekga as the first respondent and her nine education MECs.
In her defence, Motshekga asked for other departments to be listed as respondents too, and to account for their failure to meet the infrastructure targets the state had set for itself.
EE argued there were unconstitutional loopholes in the school infrastructure law that the state was using to avoid its responsibility to fix schools.
They include an “escape clause” that states that DBE is responsible for fixing schools only to the extent that other parts of the state, such as Eskom or the Department of Public Works, provide resources. EE wants the court to set aside this clause, calling it a get-out-of-jail-free card.
EE also wants the minister to fix inappropriate wording in the law. It states that schools built entirely of mud, wood, zinc or asbestos should have been fixed by November 2016.
EE argues this means if an otherwise inappropriate school has even one structure made of proper building materials, such as a brick toilet block, the government may ignore its duty.
Citing lack of public accountability, it also wants school infrastructure plans released. EE also wants to ensure the DBE will not exclude schools that were already scheduled to be built before the law came into effect.
In her defence, submitted to the court by advocate SC Chris Erasmus, the minister said it was common cause that the implementation of the norms and standards was subject to the resources and cooperation of other state entities responsible for infrastructure.
This would include departments such as Public Works being responsible for some infrastructure, Water and Sanitation for that infrastructure and Energy for electrical infrastructure.
“None of these entities has been cited as respondents,” read her defence.
EE’s Daniel Linde responded: “We cannot sue all the ministers. It means we will sue all the hundreds of municipalities responsible for service delivery as well.” The case continues today. — arethal@dispatch.co.za
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