After years of campaigning and mobilising led by Equal Education members, the Minister of Basic Education promulgated Regulations Relating to Minimum Uniform Norms and Standards for Public School Infrastructure on 29 November 2013. This law sets out the obligations on the State to fix the crisis in South Africa’s school infrastructure.
In 2014 the EELC and EE raised a number of concerns with the DBE, relating to the vague and open ended wording of the Norms and Standards. The Minister asked for time to work on implementation, and undertook to respond to our concerns during January of 2015. As of October 2015, no response had been received, and the provincial plans for implementing the regulations reflected the same worrying vagueness and uncertainty as the law itself.
During August 2015 the EELC assisted EE in analysing the implementation plans, and addressing letters to all Provincial MECs about the inadequacies in the plans. The EELC then prepared to represent EE and schools in challenging the loopholes in the Regulations, and seeks an order from the Court that the Minister must take certain minimum steps to oversee and monitor implementation of a binding set of standards for school infrastructure.
The matter was heard at the Bhisho High Court in March 2018, and the EELC is awaiting judgment.
View some relevant court documents belows:
-View the Notice of Motion setting out the relief that EE and Amatolaville Primary seek
-View the Founding Affidavit of EE’s General Secretary, Tshepo Motsepe
-View the Answering Affidavit of the Minister of Basic Education, Angie Motshekga part 1
-View the Answering Affidavit of the Minister of Basic Education, Angie Motshekga part 2
-View the Answering Affidavit of the Minister of Basic Education, Angie Motshekga part 3
-View the Replying Affidavit of EE’s General Secretary, Tshepo Motsepe
-View EE’s Replying Affidavit Annexure 1 0f 2
-View EE’s Replying Affidavit Annexure 2 of 2
-View the Supporting Affidavit of EE’s Deputy Head of Policy and Training, Daniel Scher
-View Section 27’s affidavit as amacus curiae
–View State’s Heads of Argument part 1
-View State’s Heads of Argument part 2
-View State’s supplementary Heads of Argument
-View Amicus’ Heads of Argument
-View Amicus’ supplementary Heads of Argument
-View Judgment of the Bisho High Court (19 July 2018)
-View Department of Education’s appeal application at the Constitutional Court
