SEVEN mud schools in Transkei are suing the government in the Bhisho High Court to provide them with sufficient infrastructure.

They have challenged governments' plans for mud schools.

The court application is driven by the Centre of Child Law (CCL), which focuses on the delivery of services to children and upholds the rights of South African children.

The applicants want the court to declare the failure by the Eastern Cape provincial government and the national government to provide proper facilities unconstitutional.

They are also demanding that plans be made to provide proper facilities. They have also taken the OR Tambo Municipality to task for failing to provide water to the schools.

The schools cited in the application are:

• Nomandla Senior Primary School in Mabheleni;
• Tembeni Senior Primary School in Mayalweni;
• Madwaleni Senior Primary School in Bomvini;
• Sidanda Senior Primary School in Mpundweni;
• Nkonkoni Senior Primary School in Nkonkoni;
• Sompa Senior Primary School in Sompa; and
• Maphindela Senior Primary School in Ntongwana, near Port St Johns.

In court documents, CCL director Marie Skelton described conditions at the schools as "appalling" and "among the worst" in the Transkei.

Six of the seven schools have classrooms built from mud, while Sompa Senior Primary School has classrooms made of cinder blocks.  All seven face a shortage of water, desks and chairs.

"Learners must therefore get water as best they can from streams that are one to two kilometres away. The streams are often themselves not suitable for obtaining drinking water."

In the documents, Skelton said while Department of Education policy documents make it clear that the conditions the pupils are forced to study under are unacceptable, the provincial and national governments appeared to have no plans to change this.

The court documents also quoted undertakings from former President Thabo Mbeki, former Eastern Cape premiers Nosimo Balindlela and Mbulelo Sogoni, and Premier Noxolo Kiviet to eliminate mud schools.

However, this has still not happened.  Attempts to get comment from provincial government spokesperson Mzukisi Ndara were unsuccessful yesterday.

The seven schools earlier this year formed infrastructure crisis committees. In an affidavit, Mbopheni Philemon Sikiti, chairperson of the Nomandla Senior Primary School committee, said that over the past 20 years classrooms at the school had fallen into an advanced state of disrepair.

Sikiti listed broken windows, cold and draughty conditions in classes - further exacerbated by a storm in May 2009 which destroyed the roofs of two classrooms.

Richard Songcatha of the Sompa crisis committee said:  "The poor physical conditions of the school buildings, the small classrooms, the overcrowding and the severe shortage of desks, chairs, and learner support material result in very little teaching and learning taking place.  Both learners and teachers are extremely demoralised and unmotivated. They feel that they have been abandoned by the government."

Government has until September 15 to file papers of intent to oppose. If it fails, the application will be heard in court on September 23.

By Aso SOKOPO