The Court was presented with evidence that approximately 50,000 learners in the Eastern Cape lack access to scholar transport. Families unable to afford alternative transportation options have seen many children forced to drop out of school, while others bear significant financial burdens, often depleting incomes derived from social grants or pensions. Additionally, some learners must endure excessive distances, often under dangerous conditions, to reach their schools. This situation persists despite the Eastern Cape Learner Transport Policy (2016) read with the Eastern Cape Department of Education’s Circular 6 of 2020, which mandate the provision of scholar transport to qualifying learners. The failure to fulfil these obligations was deemed unconstitutional and invalid by the Court.

The Court ordered the departments of Education and Transport to implement measures ensuring the provision of scholar transport to all qualifying learners who have indicated a need. Through a cooperative governance approach, the respondents must ensure that the constitutional right to education is realised. The Court further directed that all applications or requests for scholar transport submitted by schools be finalised by January 2025. Decisions must be communicated to applicants and relevant schools within specified timeframes.

In addition, the Court instructed the first and second respondents, Eastern Cape Department of Education to develop a comprehensive plan and timeline to provide supplementary support for learners who missed two or more weeks of schooling due to the lack of scholar transport. This plan aims to help these learners catch up on missed academic work. Respondents are also required to submit a detailed report to the applicants, including:

• The number of schools that indicated a need for scholar transport.
• The number of learners affected.
• The status of applications, including decisions and appeals.
• The number of learners who received scholar transport in 2024.

Finally, the Court mandated the respondents to provide a comprehensive update on the steps taken to ensure that all qualifying learners are transported from the first day of the 2025 academic year.

Ends

For further information, contact the SAHRC Provincial Manager, Dr Eileen Carter @ 043 722 7828/072 638 9016 or email on This email address is being protected from spambots. You need JavaScript enabled to view it. and Zukiswa N Mqakanya @ 067 333 6623/063 301 3773 for WhatsApp or email on: zmqakanya@sahrc.org.za