The Department of Basic Education has been ordered to develop new plans to feed the over nine million learners that depend on the National School Nutrition Programme even when schools are closed because of Covid-19 or learners are at home because of rotating timetables. File Picture Henk Kruger/Cape Argus
Johannesburg - Non-profit organisation Equal Education (EE) has welcomed a high court order compelling the government to develop new plans to provide meals to all learners who qualify for the national schools feeding scheme.
The North Gauteng High Court in Pretoria this week ordered the Department of Basic Education (DBE) and provincial education departments to develop new plans to feed the over nine million learners that depend on the National School Nutrition Programme (NSNP), even when schools are closed because of Covid-19 or learners are at home because of rotating timetables.
The court order came after EE and two Limpopo school governing bodies returned to court on June 29 to tackle the DBE and the MECs of eight provincial education departments over failing to ensure that the NSNP reaches every qualifying learner, despite a judgment handed down last year that demanded that they fulfil this responsibility.
In July last year, Acting Deputy Judge President Sulet Potterill ruled in a declaratory order that Minister Angie Motshekga and eight Education MECs were in breach of their Constitutional duties for failing to roll out the NSNP to all eligible learners.
The two schools, Vhulaudzi Secondary School and Mashao High School were represented by Section27 and the EE Law Centre (EELC).
In response to the organisations’ return to court, the legal representatives of the national and provincial education departments had proposed that a legal settlement be negotiated. The settlement agreement was made an order of the court on Tuesday.
The organisations, in a joint statement, said this week’s judgement was a victory for learners’ rights to basic nutrition, basic education, equality and dignity.
“We are hopeful that the new plans that the DBE and provincial education departments have been ordered to develop to improve the roll-out of the NSNP can guarantee that it reaches every single learner who qualifies for it,” EE, Section27 and the EELC said.
The education activists said the terms of the order stated that Motshekga and provincial education departments would draw up and implement revised roll-out plans within a month of signing the settlement agreement.
The plans must include steps the departments will take to comply with their obligations and when the DBE and the provincial education departments will take each step planned.
The revised plans must be filed with the EE, Section27, the EELC and the court within one month.
They added that learner members of EE and post-school youth members of EE were happy about the victory.
“I am happy about this court order because it helps those learners who depend on school meals a lot. It means that their hunger will be decreased because they are able to eat at school, and they will no longer worry when they come to school because the NSNP provides them with food.
“I think it’s cool that they helped many poor learners who do not have anything at home,” a Limpopo learner said.
EE, Section27 and EELC also hailed the court order a victory for millions of households whose food security had been compromised by Covid-19.
“We welcome this court order and celebrate this victory for over nine million learners and the millions of households whose food security has been compromised during the Covid19 lockdown and the current unrest within South Africa,” they said.
The Star