Section27 wins court battle to declare DBE pit toilet plans unconstitutional

Section27 sought relief, saying that the plans were not constitutionally compliant.

FILE: A pit toilet at a Limpopo school. Picture: Tara Penny/Eyewitness News

JOHANNESBURG - Section27 has won its battle in the High Court to seek an order to declare the Basic Education Department's plans over pit toilets unconstitutional and in breach of a former court order.

An initial order came after five-year-old Michael Komape, from Chebeng village in Limpopo, fell into a pit toilet in 2014 and drowned.

In 2018, the High Court handed down a structural order which directed the Basic Education Department and the Limpopo Education Department to supply each school in the province with safe and dignified toilets.

They were also told to conduct a comprehensive audit of sanitation needs and added to this, they had to provide a comprehensive plan for the installation of new toilets.

Thereafter both departments responded with affidavits on their plans, which were criticised as insufficient.

Section27 sought relief, saying that the plans were not constitutionally compliant.

The High Court has granted the relief, with the applicants also seeking a revised plan within 45 days.

Many schools in Limpopo still do not have proper sanitation about seven years after the death of Komape.

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