Blog: Angie Motshekga
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December 18, 2013
Posted by Susan Farbstein
As South Africa and the world remember Nelson Mandela, there is perhaps no greater way to honor his legacy than to continue the struggle for social justice. A quality education for all children must be at the core of such efforts, as Mandela himself recognized. “Education is the most powerful weapon which you can use to change the world,” he said. In the week before his death, real progress was made on the education front in South Africa.
After three years of sustained campaigning by our South African partners, Equal Education (EE) and Equal Education Law Centre (EELC), Minister of Basic Education Angie Motshekga finally released binding norms and standards for school infrastructure on November 29th. The norms represent a significant victory for future generations of South African students, and for South Africa itself.
The norms—which are legally binding—mandate substantial changes to public schools across the country, many of which must be realized on a relatively short time horizon. Mud schools must be replaced within three years; schools that currently lack water, power, and toilets must be provided such facilities within three years; all schools must have classrooms, electric connectivity, and security measures within seven years; and all schools must have libraries and laboratories within ten years. As a first step, provincial ministers will be required to develop school infrastructure plans within a year, and then report annually on their progress towards implementing the norms.
There are still serious concerns. The norms do not require provincial ministers to make either their plans, or their progress reports, available to the public. The norms also contain a potentially worrisome legal loophole, in the form of language stating that they must only be implemented “as far as reasonably practicable.” Equally troubling are some of the specific provisions, such as the proposed minimum number of toilets per student, which falls well short of international standards recommended by UNICEF and the WHO.
Nevertheless, the norms carry the promise of tangibly improving the education, and therefore the lives, of millions of South African schoolchildren. Our partners have fought long and hard to secure decent school infrastructure for all of South Africa’s students. The norms victory would never have been possible without the advocacy work of EE student and parent members, who joined voices to ensure that their demands could not be ignored. Their collaborative and creative efforts demonstrate that—as Mandela teaches us—while justice and equality may be a long time coming, a group of dedicated and committed people can transform a society. Our Clinic is proud to support their work.
For more information, read Equal Education’s statement on the win, along with its statement after the death of Nelson Mandela.
November 22, 2013
Posted by Melissa Shube, JD '15
After soliciting feedback from hundreds of South African students and parents, Equal Education (EE) and Equal Education Law Centre (EELC) have submitted comments on the South African Minister of Basic Education’s second draft of minimum regulations for public school infrastructure. While the submission recognizes that the Minister’s draft represents important progress, EE and EELC raise significant concerns with respect to the draft’s long timeline for implementation. As Moto Singulakka, a Grade 10 learner at Oscar Mpetha High School in the Western Cape, asked, “What about now? Where are the learners going to learn?”
The legacy of Apartheid is still palpable in South Africa’s education system, where many rural and township schools lack basic infrastructure to provide students with a safe environment conducive to learning. Binding norms and standards will help promote equality in education for South Africa’s historically disadvantaged students by requiring all public schools to meet minimum thresholds in relation to physical facilities.
Recognizing that adequate norms and standards are desperately needed, EE has been campaigning for over three years for the development, release, and improvement of these norms. We at the International Human Rights Clinic have for the past year provided legal support to this campaign, which is based on student concerns about a range of infrastructure challenges, including overcrowded and collapsing classrooms, unsanitary toilets that make students sick, inadequate water supply, insufficient electricity, and a painful dearth of science labs, libraries, computer access, and sports fields. Mbali Cezula, a student from iQonce High School in the Eastern Cape, explained that there is a “lack of proper classrooms in my school. There are few buildings [and] some look like township slums. They are not safe as they could fall anytime.”
The regulations for school infrastructure are long overdue. A 2007 amendment to the South African Schools Act of 1996 empowered the Minister to implement binding norms and standards for public school infrastructure. However, such regulations were never released, despite the department’s 2010 proclamation that “[e]quity in the provision of an enabling physical teaching and learning environment is therefore a constitutional right and not just a desirable state.” After a sustained public advocacy effort, EE, assisted by the Legal Resources Centre, filed suit to compel the Minister to act. A year ago, in November 2012, Minister Angie Motshekga agreed to settle the case and to release norms as part of the settlement. Her first set of draft regulations, made available for public comment in January 2013, were “disappointingly vague on substance.”Continue Reading…
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