Eastern Cape schools win battle over underfunding claims
· Citizen
The Eastern Cape High Court in Makhanda has ruled in favour of three public schools that accused the provincial department of education of underfunding them.
The case, heard on Wednesday, was brought to court by the Makhanda Circle of Unity, together with three public schools in Makhanda, against the Eastern Cape education department, the minister of education and National Treasury.
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Withholding 33.75% of school funding allocations ‘unconstitutional, unlawful and invalid’
Delivering judgment, Judge Thembekile Malusi said: “The decision of the first, second and third respondents, communicated to public schools in the Eastern Cape in May 2023, to withhold 33.75% of each school’s funding allocation for 2023-24, is declared unconstitutional, unlawful and invalid.”
Malusi added that the decision of the department and other stakeholders communicated to public schools in the Eastern Cape in December 2023 to withhold 33.75% of each school’s funding allocation for 2024-25, was unconstitutional, unlawful and invalid.
“The decisions taken by the first, second and third respondents between 20 November 2020 and November 2022, to reduce the per [pupil] funding allocations for public ordinary schools in the Eastern Cape to an amount less than the targets determined by the fourth respondent from time to time, are declared unconstitutional, unlawful and invalid.
“It is declared that paragraph 114(b) of the Amended National Norms and Standards for Public School Funding (published in Government Notice 869 of the Government Gazette 29179, 31 August 2006) sets out the prerequisites with which a provincial education department must comply before it may lawfully provide less than the target per [pupil] allocations to schools in the province.
“Therefore, in the absence of a joint plan for attaining the per-[pupil] targets that complies with paragraph 114(b), a provincial education department is required to provide allocations in accordance with [or that exceed] the targets, requires that, in the joint plan contemplated in paragraph 114(b), the provincial education department is required to demonstrate, in the first instance, that it is not financially possible to provide schools with at least the target per [pupil] allocations in that financial year.”
LRC criticised department for dragging matter for 3 years
According to the ruling, the department must report to the court every three months for the next year on its compliance and steps it is taking to ensure that every Eastern Cape school receives its correct allocation for the 2027- 28 financial year, based on its quintile and number of enrolled pupils.
The Legal Resources Centre (LRC), that represented the schools, welcomed the court order, declaring the education department’s funding of schools in the province below the national per pupil target unconstitutional, unlawful and invalid.
“We also welcome the court’s similar finding that the department’s retention of almost 40% of school allocations is also unconstitutional, unlawful and invalid,” said LRC.
“While the court’s ruling is an important victory in ensuring improved education funding in the province, we are disappointed that the department elected to draw this matter out for more than three years, only to agree to settle and admit the unconstitutionality of its actions on the morning of the hearing.
“The LRC will closely monitor the implementation of this order and the steps taken by the department to ensure schools receive their full school allocation in future financial years.”
School funding directly determines learning conditions
LRC said the department cannot simply retain a portion of the money allocated to schools and decide how to spend it on their behalf.
“Schools and their governing bodies must be able to use the funding allocated to them to respond to the real needs of their pupils,” it said.
Kathija Yassim, a professor at North-West University school for continuing professional studies, welcomed the judgment and said it was an important victory for public education and for the pupils whose educational opportunities have been compromised by years of underfunding.
“School funding directly determines the conditions under which children learn,” she said.