http://www.dispatch.co.za/article.aspx?id=437199

2010 10 01 ECape to oppose action by mud schools

THE Eastern Cape government has opposed an application by seven Transkei schools for the province to replace their mud or cinderblock classrooms with properly built schools.

The seven mud schools in the OR Tambo district are suing the government to compel it to provide the schools with infrastructure, and have challenged its plans for mud schools.

Driven by the Centre of Child Law (CCL) and the Legal Resource Centre (LRC), the schools want the court to declare the failure by both national and provincial government to provide proper facilities unconstitutional.

They have also taken the OR Tambo Municipality to task for failing to provide water to the schools.

Six of the seven schools have classrooms built from mud, while one has classrooms made of cinderblocks. All seven face shortages of water, desks and chairs.

This week the government filed papers in the Bhisho High Court giving notification to oppose the action.

Provincial government spokesperson Mzukisi Ndara said that it was common cause that government had prioritised the issue of eradication of mud schools.

" We concur that (mud schools) are the priority areas and that has been pronounced in all policy speeches," Ndara said.

Cameron McConnachie, of the LRC, said by October 19 government would have filed an answering affidavit which would outline their plan.

He said the case would also set a precedent for others to say that by not providing proper infrastructure, government was breaching the children's constitutional rights.

Yolisa Mpatane, who has been the principal of Nkonkoni Senior Primary School for 20 years, said her school had 345 pupils in eight mud rondavels.

"Teachers here are not motivated and children cannot learn under these conditions. The former MEC Johnny Makgato saw this for himself when he visited," she said.

Schools cited in the application include:

l Nomandla Senior Primary School in Mabheleni;

l Madwaleni Senior Primary School in Bomvini;

l Sidanda Senior Primary School in Mpundweni;

l Sompa Senior Primary School in Sompa; and

l Maphindela Senior Primary School in Ntongwana, near Port St Johns.

In April, Education MEC Mahlubandile Qwase said government would attempt to eradicate mud schools within three years and that there were plans to source additional funding. - By ASA SOKOPO