E Cape Education’s school funding cuts declared unlawful

The Makhanda High Court has declared the decision by Eastern Cape Education Department to withhold 33% of public-school funding unlawful and unconstitutional.

The order follows an application brought by the Makhanda Circle of Unity and several School Governing Bodies challenging years of underfunding for Eastern Cape schools .

The department reached an out of court settlement with the applicants which was made a court order.

Cecile van Schalkwyk from the Legal Resource Centre says since the end of 2020, schools in the Eastern Cape have been consistently funded below the per-learner target, receiving as little as half of their counterparts in other provinces.

“I think the implication of the case on ground level is that in the coming financial years, schools will get a lot more money back into their pockets.

So, over the last couple of years, and in the 2026/ 2027 financial year, the department has retained 40% of that allocation that is meant to go to schools.

In the coming financial years, we will, hopefully, in light of this order, not see a repetition of that kind of decision, and it will mean that schools will be in a much better position on ground level to actually use the money that is allocated and due to them to be able to provide education to children at a ground level.” Provincial Education Department Spokesperson Malibongwe Mtima says they will be working closely with all parties involved to ensure smooth process going forward.

“The Department has further agreed that, going forward, it will consult with schools before undertaking any central procurement of Learner Teacher Support Materials.

The settlement provides clarity on the process to be followed in future and reinforces the importance of meaningful consultation with schools in decisions affecting their funding allocations.”