School in the Eastern Cape. Photo courtesy of Equal Education.
12 June 2013
Equal Education (EE) filed papers on Monday to re-open the case against the Minister for not publishing minimum norms and standards for school infrastructure.
Yesterday, Judge Dukada of the Bhisho high court determined the case will be heard on an urgent basis. The case is expected to be heard on 11 July.
The document that EE wants published would describe the minimum level of infrastructure every school must meet in order to function properly. According to the organisation, this would include toilets, running water, electricity, libraries, safe classrooms, sports fields and perimeter security. Originally it was supposed to be ready and implemented by 2010.
The first time EE turned to court in this matter was in March 2012. A few days before the case was to be heard, in November 2012, the Minister of Basic Education, Angie Motshekga, agreed to publish a draft for comment by 15 December. The date for the draft was extended by a month to 15 January 2013. The date for promulgation of the final legally binding Norms and Standards was agreed as 15 May 2013 but the Minister, according to EE, breached the settlement agreement. After offering the Minister a one-month extension which she refused by demanding six months, EE decided to go back to court.
The organisation says that if the Minister promulgates a high quality, legally binding Norms and Standards by 15 June 2013 or at any time before the matter returns to court, EE would likely suspend its legal proceedings. If not, the organization is also planning a mass mobilisation on June 17. In Cape Town they will march to Parliament and in Pretoria to the Department of Basic Education.
Following the court statement, the Department of Basic Education released a statement saying that it “rejects claims by the NGO Equal Education that it has failed to publish Norms and Standards for School Infrastructure”. The Minister claims that they cannot publish the draft until they get all the comments from various stake holders. “Equal Education is fully aware of these processes and the legal time frames involved,” according to the Minister. Motshekga also described Equal Education as “opportunistic”.