Textbook shortage was violation of pupils rights, court declares

The rights of school pupils in Limpopo have been violated by the failure to supply them with textbooks.

On Tuesday (06/05/2014) the high court in Pretoria made a declaration to this effect.

The court did, however, note that national department of basic education and the Limpopo department of education had promised to deliver all outstanding textbooks for the 2014 academic year to 39 schools in Limpopo by June 6.

Basic education minister Angie Motshekga was also ordered to pay for the costs of the application.

The judgment came after Basic Education for All - a community based organisation of parents, teachers and pupils in Limpopo - together with 22 school governing bodies, approached the court on an urgent basis in March.

They had also asked for an order forcing the departments to develop a comprehensive plan for textbook delivery for schools facing a textbook shortage in the province.

Despite Limpopo Premier Stan Mathabatha describing textbook delivery problems as a thing of the past in February this year, a number of schools in the province reported textbook shortages to SECTION27, a public interest litigation centre.

Some teachers borrowed textbooks from neighbouring schools to write up notes for pupils on the blackboard, or to photocopy content for their pupils.

Basic Education for All and the schools had argued that the textbook shortages had a negative impact on the ability of the teachers to discharge their duties, as they could not do so effectively without the necessary materials.

In his judgment on Tuesday, Judge Neil Tuchten said the right to basic education included the right of every pupil at a public school to be provided with every textbook prescribed for that pupil’s grade.

Pupils also have the right to receive the necessary textbooks teaching of the relevant curriculum begins.

Judge Tuchten noted that the department of basic education and the Limpopo education department had promised to deliver the outstanding textbooks by Thursday, May 8, for grades seven to nine and 12, and by June 6 for those required by other grades.

After the judgment was passed, spokesman for the department of basic education, Elijah Mhlanga, said that the department was “working very hard” to ensure that textbook shortages were addressed.

“The judge noted our commitment to deliver textbooks,” he said.

Mhlanga said the judgment came at a time when almost all the textbooks had been delivered.

“We told the court that shortage of books was not a good thing. That is why we asked principals to work with us,” Mhlanga said.

Tebogo Sephakgamela, a member of Basic Education for All, welcomed the judgment, saying it confirmed children’s rights to receive all their textbooks before the academic year began.

“I hope the department will now comply with their own promise,” Sephakgamela said. - Ernest Mabuza