Saturday 15 March

#TextbooksMatter Case

Campaign Contents

Introduction

In April 2014, SECTION27, representing Basic Education for All (BEFA) made an application to the High Court in Pretoria to force the State to deliver outstanding textbooks to schools in Limpopo. At the time, the Limpopo Department of Education short-delivered at least 793 567 books. SECTION27 and BEFA won this case, but the State has since appealed to the Supreme Court of Appeal.

On 24 November 2015, SECTION27, representing BEFA argued, in the Supreme Court of Appeal that textbooks are an essential component to the right to basic education.

Below are the Heads of Argument:

Textbooks Heads of Argument

Concerns on the progress of the delivery of textbooks

SECTION27 received media enquired on the state of textbook delivery. SECTION27 is concerned that the Department of Basic Education (“the Department”) will not meet its deadline, but we do not have sufficient information or means of verification to say whether it will complete the delivery of textbooks today.

#TextbooksMatter Campaign

Ahead of the court hearing, BEFA kicked off the #TextbooksMatter campaign shining the spotlight the poor state of textbook delivery and the impact on the learners in Limpopo.

#TextbooksMatter called on South Africans to record a short message and share on social media why textbooks matter. Why every child has a right to his/her individual textbooks to take home, study from and have throughout the year? BEFA aimed to create an Education Revolution on social media.

Some of the #TextbooksMatter highlights:

“A textbook in a child’s hands is a confirmation that every child’s education matters. Let us keep the promise of education to each child. It is the route to equality and liberation for all of us.”

Gabeba Baderoon, poet and author

“Being able to read – and plan and dream and invent new realities – is the human potential that gives us more access to our creativity.”

Phillippa Yaa de Villiers, author and performance artist

“Never again should any child suffer what people over the decades in South Africa have suffered, the inability to take their destiny into their own hands and use textbooks to progress their lives.”

Justice Malala, Journalist, TV host and political commentator

Why #TextbooksMatter

In the lead up to the Supreme Court of Appeal hearing on the matter of Basic Education for All versus the Minister of Basic Education Angie Motshekga, SECTION27 and BEFA called on thought leaders across the spectrum of South African society to explain why #TextbooksMatter. 

2012 North Gauteng High Court hearing

The Department of Basic Education submitted its answering affidavit to the North Gauteng High Court in response to the further application brought by SECTION27 in the ongoing Limpopo textbooks crisis.

SECTION27 filed this further application after receiving reports that thousands of Limpopo learners are still without textbooks and are facing an inadequate departmental catch-up plan – essentially, non-compliance on the part of the DBE with the two existing court orders on this matter. 

SCA rules that #TextbooksMatter

In December 2015, the Supreme Court of Appeal (SCA) ruled that the Department of Basic Education’s (DBE) failure to provide learners in Limpopo with their textbooks directly infringed on their rights to basic education, equality and dignity and amounted to unfair discrimination. The DBE’s appeal in the Limpopo textbooks saga was therefore dismissed and Basic Education For All’s (BEFA) cross appeal was upheld. The Court also found that the DBE was in breach of previous court orders.

Articles by SECTION27 staff

WDA