Right to education can’t wait regardless of budget constraints - Legal Resources Centre

EAST LONDON - The Legal Resources Centre (LRC) in Makhanda, said that despite the budget constraints realising the right to education can't wait.

In March, the LRC, representing the Khula Community Development Project and three Eastern Cape School Governing Bodies (SGBs), launched an important new case in the High Court in Makhanda.

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They want scholar transport for thousands of qualifying pupils across the province who are left to walk long distances to school or move away from their homes to have ease of access.

Some families also need to make massive sacrifices to foot the bill themselves to cover the hefty cost of scholar transport.

In response to this litigation, the Eastern Cape Department of Transport said it is grappling with financial limitations.

The LRC's Cameron McConnachie said that this didn’t exempt the department from its duties.

“But our Constitution was framed in a very particular way and the right to basic education is framed in a way where it is unqualified. It is not something that can only be realised progressively, within available resources. Those qualifiers are not there.”

McConnachie said education rights must be realised now.

“You cannot sacrifice the education of children and give up on them while plans are put in place over a long period of time. So, we feel strongly that while we may have some sympathy for the State in the sense we know there are a lot of things that cost a lot of money that people are asking for, our Constitution is quite clear about the right to education and what children’s rights are.”