Department told to speed up eradication of school pit toilets

THE 14-year plan to eradicate all pit toilets in Limpopo schools was unconstitutional, the Limpopo Division of the High Court, sitting in Polokwane, ruled yesterday.

In terms of the judgment, the Department of Basic Education must get its ducks in a row and provide a revised and detailed plan for the swift replacement of these toilets.

The court issued a list of orders with which Minister Angie Motshekga, as well as the Limpopo Department of Education, had to comply with.

The court wants the department to file a detailed plan within 90 days, stating which schools in the province only have pit toilets and when those with inadequate sanitation facilities will receive humane toilets.

The department must also provide an update on how the sanitation programmes will be co-ordinated and implemented in the newly revised plan to speed up the sanitation programme.

A report must also be filed on who will be involved in this programme and timetables for when each programme will be completed, and the steps taken to source funding for this.

The court, thereafter, wants a progress report to be filed with it every six months. The judgment followed after Section27, yet again, turned to the court as the department was dragging its heels with the sanitation programme, despite an earlier order instructing the department to eradicate pit toilets speedily.

The organisation said the provincial government’s plan to eradicate the toilets only by 2031 was unacceptable and unconstitutional.

Section27 has been embroiled in a six-year legal battle with the Limpopo Department of Education and the Department of Basic Education for the eradication of the pit toilets responsible for the deaths of learners such as Michael Komape.

The department said it was working on a plan to eradicate pit toilets over 14 years, thus, reaching its goal by 2031.

They said it would take long to replace pit toilets because of a lack of funds and the budget for infrastructural development.

Section27 said this was cold comfort for the pupils, as those at school at the moment would probably complete their entire schooling while having to use these unsafe toilets.

Judge GC Muller agreed and said the 14-year plan was far too long. He said the rights of the children who were currently attending school were being ignored. “They are in constant danger while attending school when they have to use these dangerous toilets. Some don’t even provide privacy. Their dignity is seriously impaired by this,” he said.

He added that the death of Michael due to a pit toilet was something that must be avoided at all costs from happening again. “Urgent and effective steps are needed. There is little doubt that adjustments need to be made in regard to the budget and the allocation of funds for this project. It is not business as usual. The replacement of pit toilets is a national emergency and must be treated accordingly.”

The judge added a revised plan had to receive urgent attention.

In 2018, the court handed down a structural order which directed the Department of Basic Education and its Limpopo counterpart to supply each school in Limpopo with safe and dignified toilets, to conduct a comprehensive audit of sanitation needs and to come up with a detailed plan to eradicate pit toilets.

The department, meanwhile, identified 1 658 schools with sanitation needs, of which 1 489 are equipped with pit toilets, mostly in Limpopo.

The judge said the court must, under the circumstances, step in to protect the rights of the affected pupils.