Sanitation structural order Komape Case returns to court


SECTION27 is returning to the High Court of South Africa (Limpopo Division) in Polokwane on Monday 24 May 2021 to continue the fight for safe, dignified and sanitary school toilets in Limpopo. Members of the press are invited to join the court hearing. SECTION27 staff will be available for comment.

We are going back to court to fight for the implementation of the structural order which was handed down in the Rosina Komape and Others v. Department of Basic Education and Others case. The court had ordered in 2018 that the Department of Basic Education (DBE) and the Limpopo Department of Education (LDOE) must file plans to eradicate pit toilets and provide the court with an updated audit of sanitation needs at schools in the province.

We are saying that ‘plans’ made to eradicate pit toilets at schools in the province are not good enough. These plans are not reasonable in terms of the law, and claim that pit toilets can only be eradicated from all Limpopo schools by the end of 2030. We are calling for the Court to rule the DBE and LDOE’s ‘plan’ for the abolishing of pit toilets as unconstitutional. We are requesting that the court order that the education authorities file a new, consolidated plan with the court about how they will urgently replace all pit toilets at schools in the province and replace them with appropriate sanitation. We are also calling for better oversight and monitoring of delivery.

The details of the court hearing are as follows:

Legal arguments will be led by our counsel for the matter, Advocates Nikki Stein and Thabang Pooe.

An advocacy installation will be placed outside the court building that morning before the hearing. 

For more information about the case, including a link to our Heads of Arguments, visit this link:

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