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Presentation on theme: "ACCESSIBILITY TO EDUCATION"— Presentation transcript:


2 FACTS Parents were informed that the school, JC Legoale Commercial High School in Siga Village was going to be closed; Learners were transferred to a school, Rakoko and Herman Thebe High Schools in Mabeskraal which was 25 km from Siga Village; Parents used their own money to pay for the transport , some parents are pensioners, unemployed etc.; R200 per month 36 learners 3 learners permanently left school-could not afford the transport costs Safety of learners Times of departure and arrival at school Attempts made by clients; LRC’s attempts, correspondence etc.;

3 LEGAL ARGUMENT Application on behalf of 36 learners and CCL; NOM-
Provide temporary scholar transport within 15 days of the court order; To incorporate a long-term plan/programme within 30 days of the court order; Reimbursement of the transport costs over the two year period Costs Rights of learners Section 28 (2) Section 29 (2) Section 7(2) Section 237 section 12(1) of the Schools Act section 3(1) of the Schools Act section 34(1)

4 Cont…. Retrogressive measures Policies and plans-
Minister of Health v Treatment Action Campaign and Others 2002 (5) SA 721 (CC) at para 123 The Court held: “The magnitude of the HIV/AIDS challenge facing the country calls for a concerted, co-ordinated and co-operative national effort in which government in each of its three spheres and the panoply of resources and skills of civil society are marshalled, inspired and led. This can be achieved only if there is proper communication, especially by government. In order for it to be implemented optimally, a public health programme must be made known effectively to all concerned, down to the district nurse and patients. Indeed, for a public programme such as this to meet the constitutional requirement of reasonableness, its contents must be made known appropriately.”

5 Cont…. CCL’s arguments Closing of schools - Guidelines for the Rationalisation of small or non-viable schools Small numbers in schools Consultation- “Consultation with educators at schools earmarked for mergers and closures will ensure the smooth implementation of the amalgamation of rural and farm schools. The consultation process must also extend to parents, NGO’s, traditional leaders, broader communities, farmer unions, teacher unions, and school governance structures.”

6 Cont…. Policies 1996 National Transport White Paper
2007 Public Transport Strategy and Action Plan National Scholar Transport Policy (dated February 2009) North West Policy Legislative framework National Land Transport Transition Act 22 of 2000 Schools Act-section 33

7 SETTLEMENT AGREEMENT The Department of Public Works and Transport and Department of Education to provide fully subsidised transport upon signature of agreement-8 August 2011 Long term measures-both departments to put in place A management Plan within three months, i.e., by no later than November 2011

8 IMPACT OF MATTER An extension of the right to access to education;


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