Pretoria - The Department of Basic Education is in contempt for having failed to deliver textbooks in Limpopo, the High Court in Pretoria has heard.
This was the argument made by Section27 and Centre for Applied Legal Studies representatives after two Limpopo schools filed papers with the court following the department’s failure to provide textbooks.
Public interest group Section27 asked Judge Jody Kollapen to declare the national Department of Basic Education and the Limpopo Department of Education in contempt.
It contended that they failed to comply with court orders in May and July that they deliver the textbooks. The department objected to this, saying such a court order would be worthless and would have no practical effect.
The court heard that most of the missing textbooks had been delivered, but that over 37 000 textbooks for Grade 10 wereoutstanding.
The department filed a 600-page opposing affidavit giving numerous reasons why all the textbooks had not yet been delivered.
The court was told that a catch-up plan, mandated by previous court orders, was being implemented. Also, spring “boot camps” for pupils were in session.
Section27 said the catch-up plan was inadequate, and demanded that a revised plan be produced to incorporate extra tuition time for pupils and content-knowledge support for teachers. The NGO wants all the remaining textbooks to be delivered before the end of this month.
Section27 also sought an order for an independent party to verify whether the textbooks had been delivered. But the department has responded that this would amount to wasteful expenditure.
Muzi Sikhakhane, for Section27, raised three issues. He asked the court to order that an independent party verify the delivery of textbooks in Limpopo and that proof be provided of a detailed catch-up plan for Grade 10 pupils. He also asked for a punitive costs order against the Department of Basic Education.
Adila Hassim, also for Section27, argued that it was the duty of the Department of Basic Education to provide schools with textbooks.
Section27 said independent verification could be of enormous benefit not only for the present but for the future, as it could pinpoint problems in the system.
It argued that a punitive costs order against the department was warranted because it had initially made inaccurate information available and ignored four letters aimed at discovering the delivery status.
This had compelled Section27 to launch a court application to find answers. It was only after the latest application had been filed that there was suddenly a flurry of activity to deliver textbooks.
Counsel for the department Chris Erasmus argued that Section27 could not demand a punitive costs order as it had launched an “unwarranted attack on the character” of the minister (of basic education).
“We don’t deny there has been a failure of the system,” he said. “The Basic Education Department had to take over and put things in place on very short notice. To a large extent that has been fulfilled.
“The department can only deliver books if those books exist. Books had to be procured first.”
Outside the court, Hope Mokgatlhe, spokeswoman for the minister of basic education, denied there had been non-compliance by the department.
“We have complied with most of the aspects in a very short time.”
Mokgatlhe said lines of communication between the department and Section27 were open and being at court was “extreme”.
She denied knowledge of the four letters.
“There are 4 000 schools in Limpopo that need to be verified. Our own officials report back to us and an independent committee is a waste of taxpayers’ money.”
Pretoria News