The Grahamstown lawyer behind the recent "mud school" case, in which the national Department of Education agreed to make R8.2 billion available to replace inadequate school structures throughout South Africa, says the offer was much more than they expected.
The Grahamstown lawyer behind the recent "mud school" case, in which the national Department of Education agreed to make R8.2 billion available to replace inadequate school structures throughout South Africa, says the offer was much more than they expected.
Cameron McConnachie, of the Legal Resource Centre (LRC) was explaining how it had come about that a case to help seven Eastern Cape schools had resulted in an astounding settlement that would benefit the entire nation.
The case began in 2009 when seven schools (Nomandla Senior Primary School, Tembeni Senior Primary School, Madwaleni Senior Primary School, Sidanda Senior Primary School, Nkonkoni Senior Primary School, Maphindela Senior Primary School and Sompa Senior Primary School) approached the LRC in Grahamstown, asking for classrooms, water tanks and sufficient desks and chairs.
“The conditions of the mud schools were shocking”, said Sarah Churchill-Joly, a Canadian intern at the LRC.
Rufus Poswa, a researcher at the LRC, elaborated: “At Tembeni, the Grade Rs had classes in toilets and some of the rondawels had no roofs.”
The matter was settled out of court.
McConnachie said, "It did not make sense for us to go to court because the offer was much more than we had expected."
Granville Whittle, the National Director of Education, agreed that the decision to accept an out-of-court settlement had been mutually beneficial.
Whittle said R6.36 billion had been allocated to the Eastern Cape, but would be controlled by the National Department.
As per the agreement, the money would be available from 1 April 2011.
"We have no illusions that this money will fix all the education problems in the country," said McConnachie. "But all children should be given the opportunity to be educated".
McConnachie is adamant that the case victory was a team effort and his colleagues in the LRC Grahamstown office – Director Sarah Sephton, Poswa, Mzukisi Loliwe and numerous interns – were all instrumental in its success.
Should the government delay the delivery of these funds, McConnachie says he will continue to drive the case to ensure that, at the very least, the seven schools he represents are provided with adequate resources.
To ensure compliance, the government is obliged to issue a report to the attorneys every four months, until the inadequate structures are replaced and services are provided.
Should the government fail to meet the terms of the agreement, the matter will be taken to the High Court. McConnachie hopes that other schools in the Grahamstown area facing serious problems will approach the LRC for legal assistance.
