HANTAM Primary School and Hantam High School in Calvinia reopened on Friday following protests that were held on April 24 due to the non-payment of school funding. Members of the school governing body (SGB) said the schools were not able to operate as the municipal accounts were outstanding and the electricity was switched off due to non-payment to Eskom. “Underprivileged schools cannot function without funding, with over R1 million owed by each school in outstanding accounts. Our concerns are being dismissed as being trivial,” they said.
Tyres were set alight during the protest, and parents summoned the MEC for Education to Calvinia. “It appears as if action is only taken if we burn tyres,” some parents remarked. Cosatu provincial chairperson Jacques Cupido added that the community and parents were at their wits’ end over the department’s failure to address the ongoing problems affecting the schools. “While funds were made available to the primary school on April 24, we have not heard anything about the high school.” He added that pupils had not been attending school for the past two weeks.
Northern Cape Department of Education spokesperson Geoffrey van der Merwe said the closure of Hantam Primary School was unjustifiable. “The school has uninterrupted electricity and water supply, sufficient learning and teaching material, and the school infrastructure is intact,” said Van der Merwe. He added that school funding of R328,000 was paid for the School Nutrition Programme on April 22. “An amount of R68,000 for municipal services, R20,000 for maintenance and R48,000 for learning and support material will be paid on April 25.”
Van der Merwe warned that the department would not hesitate to obtain an interdict to prevent the illegal closure of the school. “We view the action taken by the school governing body as irresponsible and not in the best interest of pupils.” He stated that a direct payment was made towards the municipal account of Hantam High School earlier this week.
In a narrative essay with an introduction and conclusion (not point form), respond to the following questions:

  1. Clearly outline the key facts of this case from the perspective of education law and policy.
  2. Identify all pertinent sections of South African legislation, regulations, and policies that are relevant to this case.
  3. Explain how education law and policy directly apply to the facts presented in this case.
  4. Detail the specific legal process that must be followed to effectively resolve this case.

Answers to Above Case Study Questions

Expert Answer 1: This case is all about funding failures that have affected the South African education law and policy. Under the South African schools act of 1996 there is a school governing body responsible for handling each and every public school including the management of finances for each of them. However in Calvinia, this model broke down as each school accrued more than R1 million in unpaid municipal services and as a result of this, Eskom has also interrupted electricity supply. According to SGB representatives, teaching and learning cannot proceed without water, light or other resources. The decision undertaken by them to shut down schools was in line with protecting the interest of learners, but it has also resulted in collision with section 3 of SASA which requires parents to ensure each and every child attends school.
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