The Makhanda High Court ruling this week, declaring the Eastern Cape Department of Transport’s failure to provide scholar transport unlawful and unconstitutional, is a victory for the 40,000 learners—primarily from rural areas—who have been denied their basic right to education.
There are no more excuses. The Department must comply with the court order and ensure that every deserving learner has access to Scholar Transport at the beginning of the new academic year.
If the MEC of Transport, Xolile Nqatha, were committed to improving the lives of the children of this province or even just ensuring that his Department meets its statutory duties, then he would arrange for his officials to return to office to ensure that the court directives are implemented. There can be no greater gift this festive season than ensuring our children have the prospect of brighter futures.
To comply with the judgment, the Department of Transport, in conjunction with the Department of Education, must:
- Finalise Applications: Process all outstanding applications for scholar transport by the end of January 2025.
- Confirm decisions in writing: Ensure that the outcome of every application for scholar transport is communicated within 10 days of the decision being taken. Where applications have been denied, reasons and details of the appeals process must be given.
- Appeals: Appeals must be finalised within 10 days of the appeal being filed.
- Provide catch-up sessions: Where scholar Transport was not provided to qualifying learners, resulting in missed school for more than one week during the 2024 academic week, sessions must be arranged over school holidays to catch up on missed work.
- Provide a monthly report: A comprehensive, updated report must be filed monthly with the court for the next seven months, detailing the status of all learners in the province who have applied for scholar transport.
- Ensure transport for 2025: Provide the court with all steps taken to ensure all qualifying learners are transported from the first day of the 2025 academic year.
The Democratic Alliance (DA) is also calling for the cessation of the rationalisation of schools, which has seen the closure of many small, primarily farm schools, until it can be guaranteed that every affected learner requiring scholar transport to access schools further away has their transport fully funded.
We commend the Legal Resources Centre and Khula Development Project for their efforts to bring this matter to light. While this ruling provides a glimmer of hope, it also exposes the systemic rot within the programme.
The Makanda Court Judgment confirms what we have long known: the Eastern Cape government has failed our children by neglecting its responsibility to provide safe, reliable scholar transport.
The DA has repeatedly called for reforms, including stricter oversight, independent audits, and the return of scholar transport to the Department of Education for improved accountability. The ANC has repeatedly chosen to ignore the issue, protecting those in charge of a failed programme instead of the constitutional rights of the children of this province.
The time for excuses is over. The provincial government must immediately comply with the court’s directive and ensure no child is left behind. We will continue to monitor this issue closely and hold the government accountable to the learners and families who depend on this critical service.
Scholar Transport is not a luxury. It is a lifeline for thousands of children seeking education. We will continue to fight for their safety, their rights, and their future.