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COURT VICTORY IN THE FIGHT FOR QUALITY EDUCATION

JUDGE KOLLAPEN ORDERS DEPARTMENT OF BASIC EDUCATION AND LIMPOPO DEPARTMENT OF EDUCATION TO DELIVER TEXTBOOKS AND IMPLEMENT CATCH-UP PLAN

 

This morning, Judge Kollapen handed down judgment in the application launched by the Centre for Applied Legal Studies, acting on behalf of SECTION27, Hanyani Thomo Secondary School and Tondani Lydia Masiphephethu, for the delivery of textbooks to schools in Limpopo and the implementation of a catch-up plan for Grade 10 learners.

Judge Kollapen held that the failure by the Department of Basic Education (“the DBE”) and the Limpopo Department of Education (“the Department”) to provide textbooks to learners throughout Limpopo for almost half of the academic year is a violation of the right to a basic education.

He ordered the DBE and the Department to deliver textbooks to all schools in Limpopo by no later than 15 June 2012.

He further ordered that a catch-up plan must be formulated and a copy lodged with the court and the applicants by 8 June 2012. The catch-up plan must identify gaps in curricula and the extent to which the quality of teaching and learning has been prejudiced by the lack of textbooks. The respondents are required to indicate what remedial measures will be put in place to address these problems. They are required to lodge monthly reports with the court and the applicants on their compliance with the catch-up plan, which must be concluded by the end of this academic year.

There are approximately 1.7 million learners at over 5 000 schools in Limpopo who will benefit from the declaratory relief and the order requiring the urgent delivery of textbooks. In addition, Grade 10 learners throughout the Province will benefit from the catch-up plan, which will assist them in closing the gaps in their syllabi caused by the late delivery of textbooks.

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