Court calls failure to deliver books a violation of Lim learners’ rights

POLOKWANE – The North Gauteng high court has ruled against the department of basic education for the second time. The ruling was handed down on May 6.

This after civil rights groups, Section27 and Basic Education For All (Befa) took the department to court as a last resort to get outstanding textbooks delivered to schools in Limpopo. The first court action was in April 2012.

Judge Neil Tuchten ruled that the department should complete the promised textbook deliveries as soon as possible.

Delivering judgment on a case that was brought back to court after no arrangement could be reached between the department and the groups; Tuchten said the department had violated learners’ rights to education by failing to ensure they all had textbooks before the start of the school year.

Tuchten suggested that the groups submit an application under the Promotion of Access to Information Act (Paia) to get more information about why thousands of Limpopo learners did not have textbooks four months into the school year.

The department told the court that the textbooks were not delivered due to budgetary constraints and principals not informing them of shortages. The department also put the blame on principals for not taking back textbooks from learners at the end of the previous academic year.

“The judgement came at a time when a further 271 000 books have been delivered to schools, including those that were part of the court action.

“Schools that reported shortages continued to receive books on a daily basis. The department will continue to ensure every learner in every school has a textbook.

“It is, however, critical to ensure schools checked and reported shortages promptly to the department as to enable the swift delivery of top up textbooks,” said the spokesperson for the department, Elijah Mhlanga in a press statement.