TEXTBOOKS CASE TO BE HEARD BY NORTH GAUTENG HIGH COURT TOMORROW
1 October 2012
Tomorrow, the North Gauteng High Court will hear a further application brought by SECTION27, Hanyani Thomo Secondary School and Lutandale Primary School, represented by the Centre for Applied Legal Studies.
The application arises from non-compliance by the Department of Basic Education (DBE) and the Limpopo Department of Education (Provincial Department) with two previous court orders:
• A court order granted by Judge Kollapen 17 May 2012 ordered the DBE and the Provincial Department to deliver textbooks to schools across Limpopo by no later than 15 June 2012, and to put in place a catch-up plan for Grade 10 learners commencing on 15 June 2012.
• On 5 July 2012, a further court order was granted by Judge Kollapen confirming an undertaking by the DBE to complete textbook delivery by 27 June 2012 and to revise its catch-up plan to incorporate extra tuition for learners and content knowledge support for teachers.
The DBE acknowledges that it has failed to comply with both of these court orders. Textbook delivery to schools across Limpopo remains incomplete. There is also no meaningful catch-up plan in place for Grade 10 learners. In this context, the further application to be heard tomorrow is for the following:
• An order declaring that the DBE and the Provincial Department have failed to comply with the two previous court orders;
• An order directing the delivery of textbooks for 2012 to be completed by no later than 31 October 2012;
• An order directing the procurement and delivery of textbooks for Limpopo schools for 2013 to be completed by no later than 9 January 2013, and for the DBE to report monthly on its progress in complying with this deadline;
• Revision of the catch-up plan for Grade 10 learners, to incorporate extra tuition time for learners and content knowledge support for teachers, and for this plan to implemented throughout 2013 to ensure effective catch-up; and
• Development of a plan for learners currently in the foundation phase to catch up on what portions of their curriculum could not effectively be taught without textbooks, and for this plan to be implemented throughout the 2013 school year.
The application will be heard by Judge Kollapen in the North Gauteng High Court at 10h00 tomorrow, 2 October 2012.
For further details please contact Mark Heywood on 083 634 8806 or Nikki Stein on 082 528 7232.