Rajasthan High Court stops blanket bank account freezes in cyber fraud cases

A recent high court ruling in South Africa has safeguarded funding for underprivileged schools across the nation, according to the National Association of School Governing Bodies (NASGB) and the South African Democratic Teachers Union (SADTU). The Eastern Cape High Court in Makhanda made this decision, ruling against the provincial education department.

The court found the department's withholding of Norms and Standards funds from underprivileged schools unconstitutional and unlawful. The department had decided to reduce the annual budget allocated to these schools, resulting in each learner being systematically underfunded compared to their peers in other provinces. The Legal Resources Centre (LRC) represented the applicants and estimated that the department withheld R6 billion from all schools reliant on government funds since 2020.

Judge Thembekile Malusi declared the department's decision invalid, emphasizing the severity of the matter, stating that the withheld funds were meant for essential resources such as classrooms, security guards, and learner materials. The department acknowledged its unlawful actions, admitting that it used the withheld funds for central procurement of Learner Teacher Support Materials (LTSM) for schools.

However, the court ruled that the department must consult schools before undertaking such central procurement. The LRC stated that the funds are intended to equip each school with day-to-day business necessities and equal access to learning materials for all enrolled learners. The court order required the department to restart paying the full funds from the 2023/24 financial year and return the portion of the allocations unlawfully retained.

Despite this victory, the LRC lawyer noted a potential setback due to significant delays in finalizing the legal matter, making it challenging to reclaim the previously withheld funds for the past three financial years.