E Cape Education’s school funding cuts declared unlawful

The Eastern Cape Education Department's decision to withhold 33% of public-school funding has been ruled unlawful and unconstitutional by the Makhanda High Court. This ruling stems from a legal challenge brought forth by the Makhanda Circle of Unity and various School Governing Bodies, who have been advocating for years to address the underfunding of Eastern Cape schools. The department has reached a settlement with the plaintiffs, which has been converted into a court order.

Cecile van Schalkwyk, representing the Legal Resource Centre, highlights that since the end of 2020, schools in the Eastern Cape have been consistently receiving funding below the per-learner target, with some schools as low as half of their counterparts in other provinces. The court's decision is expected to bring significant improvements, as schools will receive a substantial amount of money back into their budgets starting from the 2026/2027 financial year.

This settlement is expected to prevent any recurrence of the department's previous decision to retain 40% of the funds allocated to schools.

The Provincial Education Department Spokesperson, Malibongwe Mtima, emphasizes their commitment to working closely with all parties involved to ensure a smooth implementation of the court order. Furthermore, the department has agreed to consult with schools before pursuing any central procurement of Learner Teacher Support Materials.

This settlement not only provides clarity on the process for future funding allocations but also underscores the significance of meaningful consultation with schools in decisions that directly impact their funding.