Excerpt from the Amicus Curiae’s affidavit in response to the embargoed KZN learner transport policy: 2020

The National Learner Transport Policy was published in 2015. The head of department for the KwaZulu Natal Department of Education has therefore been aware of the inadequacy of the 2013 Kwa Zulu Natal Learner Transport Policy for at least five years.

Paragraph 3.9 of the 2015 National Transport Learner Policy is headed “Policy focus area 9: Universal Design”. It provides that “The current learner transport system does not make sufficient provision for the transportation of learners with physical disabilities to ensure the attainment of universal access to transport services…Vehicles transporting learners must adhere to the requirements and principles of universal design, especially those transporting learners with disabilities.

On 7 November 2017, following the launch of this application to compel the development of a constitutionally compliant learner transport policy, the parties reached an agreement, which was made an order of Court (First Court Order). The First Court Order mandated a process of meaningful engagement between the parties with a view to the development and implementation of a policy.

Read the full affidavit here:

Finalised Transport Affidavit and Annexure MM1 – Commisioned (003)