SAHRC to take provincial governments to court over pit latrines at schools
The South African Human Rights Commission (SAHRC) has announced it plans on taking five provincial Education departments to court in a bid to obtain a structural interdict toward the elimination of pit latrines at schools across the country.
This includes litigation against the Eastern Cape Education Department where over 2 200 schools are still reliant on pit latrines, KwaZulu-Natal where close to 1 000 schools use pit latrines, the North West with 19, Mpumalanga with 59 and the Free State where five schools do not have any form of sanitation.
The Commission wants the High Court to issue an order that each of these provincial departments must provide working plans on how they will eradicate pit latrines and provide proper sanitation, as well as maintenance plans for the upkeep of water and sanitation facilities.
The SAHRC also wants to see budgetary allocations and monthly reports on progress made by the departments.
SAHRC Deputy Chairperson Fatima Chohan says the dire threat faced by school children calls for urgent and decisive action.
“The threat to life and the daily assault on the dignity of children requires that the matter be approached in a strategic manner designed to achieve the desired outcome of safe schools where human rights are respected and the best interests of children is the yard-stick.
Chohan says the SAHRC hopes to obtain a similar structural interdict to the one granted by the High Court in Limpopo in 2018 where the court had put government on terms to report back on progress on the rollout of proper sanitation at schools across the province.
“This will force the provinces to prioritise the eradication of pit latrines in schools and submit detailed plans toward attainment of this objective. Such an interdict will then enable the Commission and other stakeholders to monitor the implementation and execution of the plans.
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Chohan says the Commission plans to approach the courts next year.
“While the Commission intends to bring litigation in this regard in 2022, it is hoped that in prioritising their budgets for next year, the relevant Provincial Executive Committees will take note of the intention of the Commission and begin the process of prioritisation this important matter,” she adds.
The country’s lack of sanitation at schools was thrust into the spotlight in 2014 when 5-year-old Michael Komape fell into a pit latrine toilet at Mahlodumela Primary School in Limpopo.
He was found dead by officials.
The previous year in Limpopo, 7-year-old Lister Magongwa died after the walls of a toilet collapsed on him at Mmushi Primary School.
In 2017 and 2018, another two lives were lost to unsafe sanitation when Siyamthandwa Mtunu (6), and Lumka Mkweta (5) fell into pit latrines in the Eastern Cape and drowned.
Since then, there have been several other harrowing cases.
The latest litigation by the Commission will be the largest case brought against government since the establishment of the SAHRC.
Listen to Chohan below:
