Ian Carpenter Joseph and - Section27
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CHAP
TE
O L A R R 16
S C H P O RT
N S
TRA
Solm inic Jose
ph an d Ju lian Carpent
er
274 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport 275OVERVIEW
Every day, millions of learners hoping to better themselves through
education wake up early to get to school. But for learners who have
DISTANCE
long distances to travel, the journey can be much more difficult. Through Equal Education’s (EE) work in KZN, we have met learners
Scholar transport is a necessary and component of the right to a basic education than in any other province, over who commute over 13 kilometres one way to school – a round-trip
guaranteed to everyone by Section 29(1)
integral part of the right to basic
(a) of the Constitution – is a necessary
two million primary and secondary of 26 kilometres. This requires them to wake up just after 3am to start
education, but learners who cannot get school learners walked all the
transport suffer – particularly those in
condition for the achievement of this right.
way to school. Of these learners, preparing. For many learners in rural areas, their mornings also include
rural South Africa. In Juma Musjid the Looking at the backdrop to the more than 210 000 walk for more
Constitutional Court described the scholar transport problem, one than an hour in one direction,
chores such as fetching water and herding cattle to grazing fields.
right to basic education as follows: can appreciate its scale. and 659 000 walk for between 30
[The right to a] basic education is an According to the 2013 National minutes and an hour each way. When walking to school, learners clear to Equal Education when a learner the learner in her silent moments, and
important socioeconomic right directed, Household Travel Survey, published Learners face serious challenges on sometimes have to cross dangerous, at Hlubi High School in KZN recounted how this experience affects her still.
among other things, at promoting and by Statistics South Africa, of the their journeys to and from school, all of mountainous terrain, in which how she saw a primary school learner In statements to EE, learners
developing a child’s personality, talents 17.4 million learners who attended which can hurt academic performance. they encounter snakes and sharp drown after being swept away by the river. explained that they had limited or
and mental and physical abilities to his or
her fullest potential. Basic education also
educational institutions, about They are often faced with long, tiring rocks. Learners must endure Her emotions raw, she explained how no shelter to protect themselves
provides a foundation for a child’s lifetime 11 million walked all the way. treks to class, dangerous weather which torrential downpours and cross she was gripped by fear and unable to on their commute, and that they
learning and work opportunities. To this In KwaZulu-Natal (KZN) alone, damages textbooks, and violence which rushing rivers to get to class. help the young learner, as she could not feared being struck by lightning
end, access to school – an important where more learners walk to school hurts them physically or emotionally. The tragic consequence of this became swim. She recounted how she imagines every time they walked in the rain.
276 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport 277ACADEMIC
SAFETY PERFORMANCE
The safety of learners is also threatened by criminals. A lack of scholar transport has a very direct and profoundly negative impact
A young female learner told EE of her they were tired. The driver dropped her children through specific rights and on the academic performance of learners. A learner explained to EE:
ordeal one afternoon on the way home. friends off but kept her in the truck. protections. The Constitution goes
I try my utmost not to arrive late, but the my homework in the evenings. My chores
When we were about an hour and a half He sped off with her, and she became so far as to state that in all matters journey to school is taxing and I arrive late take time and I am tired and sleepy. I failed in class and unable to concentrate.
away from the school we were walking very scared. She struggled and managed concerning children, their best interest most days of the week. Often, I am late Maths and Accounting, because I do not Learners also invariably get sick more
in an open area when the man grabbed to jump out of the speeding vehicle, is of paramount importance. three times in a row. When I arrive late at understand the work. often. One of the biggest and most
me. The man raped me … The man was Learner, Nhalakahle Senior
waking later in hospital, having suffered Children who walk long distances school, I am already very tired and I struggle serious problems that bad weather
waiting for us close to the river. He grabbed Secondary School.
a broken arm and other injuries. to school face very real and ever- to concentrate in class. I even struggle to causes is damage to textbooks. Books
the girl that was walking with me and
keep my eyes open in class at times because
beat her. She ran away. After he beat my Violence against children is a blight present dangers. These dangers can The inability to concentrate in class is are often ruined and become unusable.
I am so tired. We are provided with lunch at
friend, he grabbed me and choked me on the conscience of South Africa, and strip them of their identity, their a clear and direct result of having to Learners have resorted to putting
and then raped me. He didn’t rape the school and this provides us with energy for
an indictment of our society. Children dignity, and possibly their lives. the journey home. walk unreasonably long distances to plastic bags in their backpacks and
other girl. She ran away… [Now] I struggle
to concentrate in class. Every time when occupy a special place in society. They But they are avoidable dangers. Learner, Esikhumbuzweni High School school. It places rural learners at a great putting the books under their clothes.
school is about to end, I am worried and are the future of a nation, and their Safe and reliable scholar transport disadvantage compared to their urban Not having safe and reliable transport
scared, because I have to walk home. protection is key to its future prosperity. would allow learners to be protected Another learner explained that: counterparts, and places immense to school has a detrimental effect on
But every year, thousands of learners from crime, and give them much- [T]here are extra classes in the morning, at pressure on the educational programme learners’ access to education, and many
Another female learner explained how fall victim to neglect or various forms needed peace of mind. 7am. Living so far, I am always late for extra of the school. Teachers must often repeat are being denied access to schooling
she and some friends were offered a of violence, including rape and murder. The need for scholar transport cannot class. I have received corporal punishment lessons when learners can’t concentrate altogether. Many learners who don’t
for being so late at school … I arrive home
lift by a man in a bakkie while walking The South African Constitution be overstated when the safety and or are absent due to inclement weather. have transport do not finish school.
around 5pm from school. I then have to
home. They accepted the lift because recognises the special place of security of learners is our chief concern. do my chores, which includes washing, Bad weather has other consequences The state recognises this
cooking, and fetching water. I also need to besides high absenteeism and late problem, and has tried to address
wash my school uniform. It is difficult to do arrival. It causes learners to be wet it by policy intervention.
278 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport 279APPLICATION FOR
SCHOLAR TRANSPORT
ASSISTANCE
Schools can apply for scholar transport. The National
NATIONAL
Policy lays out the guidelines in Section 3.3.1.
SCHOLAR
After consultation with the School available. This is in order to avoid who require transport. This can be a good
Governing Body (SGB), principals duplication of services and resources. or a bad thing. It may be good because
must identify beneficiaries of principals and SGBs may know the needs of
TRANSPORT
subsidised learner transport services, At first glance, the criteria seem to their school better than a department official.
in line with the following criteria: be adequate. However, there are But it may instead be bad, because
• Beneficiaries must be needy learners deficiencies in the National Policy. principals may be overwhelmed and
POLICY from grade R to 12 ‘as prescribed’
• Learner transport will be subsidised
to the nearest appropriate school
The criteria state that beneficiaries
must be ‘needy’ learners from grade
R to 12 ‘as prescribed’, but it does not
the SGB inadequately trained.
Principals have also told EE that
they have stopped applying, because
only, and not to a school of parental define who a ‘needy’ learner is. they get no acknowledgement from
On 23 October 2015 the Department of choice (parental choice means A favourable aspect of the criteria the department of receipt of their
when parents prefer to enrol is that primary school and learners with applications, and no action is ever taken.
Transport (the DOT) promulgated the National their child at a school other than disabilities ‘who walk long distances’ are National and provincial transport
Learner Transport Policy (the National Policy). the nearest suitable school) to be prioritised, as they are the most policies do not expressly provide learners
IN THE MINISTER • Priority must be given to learners with vulnerable and in the most desperate or parents the ability to approach district
OF TRANSPORT’S disabilities, taking into considering need. Existing learner transport services offices or other department officials
WORDS
[It] was developed in collaboration with The creation of this National the nature of the disability must be taken into account, and no to discuss scholar transport needs.
the Department of Basic Education Policy was necessary to • Priority must be given to learner transport services will be provided However, the constitutional and
(DBE) and other stakeholders, and
The National Policy seeks to ‘ensure set minimum norms and primary school learners who where ‘public transport is available’. Many education legislation that we work under
aims to address the challenges of
that even learners in disadvantaged accessibility and the safety of learners. standards for the creation walk long distances to schools families struggle to afford public transport; should allow parents and learners to
communities and deep in rural areas This (National) Policy recognises the of transport for learners and • Existing learner transport services and as a result, learners make long and do this. When transport is lacking and
of the country will have access to need to have a uniform approach to the facilitation of access to must be taken into account when unsafe journeys to school on foot. parents attempt to raise the issue with
schools and become part of the active the matter of transportation of learners, schools for many thousands of identifying beneficiaries, as no learner A lot of the responsibility rests with the authorities, investigations rarely take
economy in the near future.’ (Foreword and the fulfilment of the constitutional
to the Policy by the Minister of Transport, mandate of the Department to provide learners around South Africa, transport services will be provided the principal and the SGB to ensure that an place, and it is normally only under the
Ms Dipuo Peters) [Authors’ emphasis] a safe and efficient transport system. particularly in rural areas. in areas where public transport is application is made on behalf of all learners threat of litigation that progress is made.
280 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport 281KEY DEFICIENCIES IN
THE NATIONAL POLICY
TRANSPORT FOR The criteria are ultimately broad and vague.
LEARNERS WITH The terms ‘needy learners’ who walk ‘long a general assessment of distance from transport is available, completely
DISABILITIES
distances’ are not defined. In addition, the the school to the centre of a village, and ignoring the role of poverty. It excludes
distance that learners walk should not be use that as the distance for all learners learners who live in areas where public
the only determining factor in deciding who call that village home. This does transport is available but come from
who is entitled to scholar transport. The not take into account that villages poor households unable to afford
The National Policy requires that all vehicles used for school transport kind of ground and natural obstacles can be quite large, adding kilometres public transport. This prohibition is also
that learners face are also important, to learners’ walks. Even if transport is problematic because it overlooks the fact
must comply with the principles of ‘universal design’. This means they must as is weather, terrain and safety. provided for the village, learners often that public transport, though theoretically
be accessible to all learners who need to use them including learners with Further, the criteria don’t emphasize have to walk long distances to get to the ‘available’, might be inappropriate
that plans need to account for the best village centre in order to catch a ride. for or inaccessible to learners.
disabilities. It is important that this is properly considered when provinces, interest of each individual learner. The National Policy also only seeks The National Policy envisions multi-
The National Policy also only provides to provide transport to the nearest stakeholder collaboration (dialogue
principals and SGBs make plans to implement the National Policy. that school principals must select learners grade-appropriate school, and will not between the provinces and different
who qualify for scholar transport. It pay if parents choose a different school. government departments). This is positive
Different sets of guidelines drafted school are detailed in SECTION27’s caused by distances travelled to does not allow for parents and learners In certain circumstances this could be in principle, but the National Policy does
by the Department of Basic 2016 ‘Too Many Children Left and from school, inappropriate and themselves to take their cases to the problematic, especially when the there not provide a sufficiently clear framework
Education for Special Schools Behind: Exclusion in the South inaccessible vehicles, safety and the department, in instances where they is a valid reason for walking past the for coordination between departments.
(2007) and Full Service Schools African Inclusive Education System’ impact on children with disabilities’ are unfairly left out by principals. closest school, such as overcrowding, According to the Policy, a National
(2010) set out specific criteria for report. Learners with disabilities health and academic performance. Principals are often overworked, and lack of resources or poor performance. Interdepartmental Committee (NIDC)
transport policies in these schools. are particularly affected by the Many learners with disabilities do not have enough time or resources Furthermore, the National Policy must be established consisting of
The significant challenges faced by long distances they have to travel. stop attending school because to look at each child individually. For seems to be strict about not providing representatives from the national
learners with disabilities in getting to The report details problems of these significant challenges. that reason, they sometimes perform scholar transport in areas where public Departments of Transport and Basic
282 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport 283As it stands, the
National Learner
Transport Policy
remains very much
a work in progress,
and the learners
of South Africa
continue to wait.
Education, and the provinces. The the National Policy, learner transport plans approval or review of such plans.
NIDC is to report to the Ministers will be developed at the provincial level. • The National Policy provides
of Transport and Basic Education • Implementing departments (including insufficient guidance as to the content
on the implementation of learner provinces and municipalities) of the provincial plans. This allows for
transport programmes.
The benefits of multi-stakeholder
in consultation with relevant
stakeholders are responsible for
significant variance between provinces.
• The National Policy simply provides PROVINCIAL POLICIES
ON SCHOLAR TRANSPORT
collaboration between the Departments learner transport planning that Learner Transport Planning
of Transport and Basic Education and • A ‘joint planning committee’ will must ‘start with determination of
other stakeholders can only be fully be established with representatives transport needs’, which includes
realised once the National Policy is clear of the provincial departments of safety, infrastructure and drop-off/
in its allocation of the various roles transport and education, as well as pick-up points. Apart from safety, Some provincial governments, including that of the Western Cape, have
and functions to each department, representatives of municipalities there is no further guidance in
as well as regarding what the funding • Provinces will develop provincial the National Policy on the basic created their own policies on transport. However, the Western Cape’s
commitments and contributions learner transport ‘implementation requirements or considerations that policy has some of the same problems as the National Policy.
from each department must be. plans and strategies’ in line should be taken into account in
The National Policy does not do this with the National Policy. respect of transport-planning needs. The Western Cape’s policy states that for grade R learners to be transported, for consideration’. This means that
fully. Instead, it offers to produce another for transport to be provided, there stating that ‘Learner transport will even when a student is not entitled to
‘national policy advocacy programme that However, the provisions of the As it stands, the National Learner must be at least ten learners who be provided, as far as is reasonably transportation, if they present a strong
clearly defines the roles of the DOT and National Policy relating to planning are Transport Policy remains very much require transportation. This policy could practical, to Grade R learners enrolled case, they may be able to receive it.
other stakeholders’. The National Policy deficient in a number of respects: a work in progress, and the learners leave out students who come from in an ordinary public school in In other provinces, the situation
is also not clear on the time frames for • It is not clear who is primarily of South Africa continue to wait. particularly sparsely populated areas. rural areas in the Western Cape, is less easily defined. KwaZulu-Natal,
the development of the additional policy. responsible for initiating planning at In the absence of proper government It also states that scholar transport where there are existing learner for example, has an official, published
It merely states that the government the provincial level, and establishing intervention, it currently falls to a few civil will not be provided if there is public transport schemes operating…’. policy on learner transport; but in
will establish a time frame in a future the ‘joint planning committees’. society organisations and community transport available. However, this does The Gauteng provincial government’s correspondence with Equal Education,
document that has yet to be produced. • As with many other aspects of activists to bang on the doors of the not consider whether or not the child policy has unique wording which has asserted that it does not. The
The National Policy recognises that the National Policy, there are no departments and the courts, to ensure can afford the public transport. allows that ‘in cases where other reality in KZN is that the policy has
planning is fundamental to the success of specific timelines for development that learners who deserve and have a right On the positive side, the Western compelling matters prevail, fully been largely ignored, and transport is
learner transport provision. According to of provincial plans, or for the to scholar transport are provided with it. Cape’s policy does make allowance motivated requests must be provided not available to learners who need it.
284 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport 285APARTHEID INTERNATIONAL HUMAN
AND SCHOLAR RIGHTS INSTRUMENTS
TRANSPORT RELEVANT TO SCHOLAR
The echoes of apartheid are felt in many aspects
of life in South Africa, including scholar transport.
TRANSPORT
Under apartheid, the government forcibly located South Africa’s international obligations support an argument that
many South Africans in inaccessible areas. Now, the right to education requires schools to be easily accessible.
accessing school from these previously segregated In a report on the cost of education of the right to education. This is found INTERNATIONAL LAW
communities is ‘hampered by the long distances in South Africa, Brian Ramadiro, in Article 6 of General Comment 13, RELEVANT TO DISTANCE,
the deputy director of the Nelson which states that subject to conditions SAFETY AND INEQUALITY
[learners] have to travel to get to school, threats to Mandela Institute for Education found in each State Party (a country In terms of ‘accessibility’, Section 6(b)
their safety and security, and the cost of transport’. and Rural Development at the
University of Fort Hare, argues that ‘
that has agreed to the covenant),
education shall exhibit four essential
of General Comment 13 states that
‘educational institutions and programmes
there is a difference ... between the right features: availability, accessibility, have to be accessible to everyone,
The segregated history of Equal Education’s work in to basic education and other socio- acceptability, and adaptability. without discrimination, within the
communities in South Africa also KwaZulu-Natal has shown that economic rights. In theory, this right is In terms of these essential features, jurisdiction of the State Party’. In addition,
not conditional on the state’s capacity
means that some areas have seen gravel roads and weak bridges are to deliver on it. In concrete terms, this
‘availability’ and ‘accessibility’ provide Section 6(b) states that accessibility
greater infrastructure investment commonplace. Addressing problems means: schools must be accessible… strong support for interpreting has overlapping dimensions, which
than others. The racist policies with infrastructure is an important the right to education as including include the following, among others:
of Apartheid Special Planning part of addressing issues of scholar access to schools through the • Non-discrimination – education
mean that, to this day, poor transport, but requires significant ARTICLE 13 OF THE provision of scholar transport. must be accessible to all, especially
THE FOUR A’S communities are often served government work, and cooperation INTERNATIONAL COVENANT Section (a) of ‘availability’ states that the most vulnerable groups, in law
OF EDUCATION by inadequate infrastructure. between different departments. ON ECONOMIC, SOCIAL AND ‘all institutions and programmes are likely and fact, without discrimination on
CULTURAL RIGHTS (THE ICESCR) to require buildings or other protection any of the prohibited grounds.
• AVAILABILITY To fix roads and bridges would certainly be PROTECTS THE RIGHT OF
EVERYONE TO EDUCATION
from the elements’. This could include • Physical accessibility – education must
• ACCESSIBILITY providing protection from the elements be within safe physical reach, either
• ACCEPTABILITY a large challenge for the government, but it The Committee on Economic, Social to children travelling to school via scholar by attendance at some reasonably
• ADAPTABILITY would help communities and ensure that and Cultural Rights (CESCR), which transport, as many learners are subjected convenient geographic location (e.g.
*See table 12.2 on page 225 for a clarifies the nature and scope of the to dangerous weather conditions and a neighbourhood school), or via
more comprehensive description. scholar transport is safer and more effective. rights under the ICESCR, has adopted rough or dangerous terrain on their modern technology (e.g. access to
the ‘4 As’ approach in its interpretation long journeys to and from school. a ‘distance learning’ programme).
286 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport 287These essential features from the and harm as a result of walking in bad INTERNATIONAL LAW
General Comment show that weather conditions, on dangerous RELATING TO LEARNERS
the right to education should be terrain, or by being exposed to violent ARRIVING LATE FOR CLASS,
understood to include a learner’s right and abusive people. This article may IRREGULAR ATTENDANCE
to physically accessing schools. show that the state has a duty to take AND HIGH DROPOUT RATES
Learners who are forced to walk measures to protect a child from the Article 11(1) of the African Children’s
long distances to school are not in safe harm that many children suffer when Charter states that ‘every child shall
physical reach of education. The long walking long distances to school. have the right to an education’.
distances travelled expose learners In addition, Article 28 of the CRC Furthermore, Article 11(3) states that: CASE STUDY
to dangerous weather conditions, protects the child’s right to education. In
TRIPARTITE STEERING COMMITTEE AND ANOTHER V MINISTER OF
State Parties to the present Charter
terrain, rivers and wildlife. It also puts particular, Article 28(1)(a) requires that shall take all appropriate measures with
BASIC EDUCATION AND OTHERS – LRC CASE
these vulnerable learners at risk of State Parties recognise the right of the a view to achieving the full realisation
of this right, and shall in particular:
being assaulted, raped and robbed. child to education, and aim to achieve
(d) take measures to encourage
With this interpretation, the this right progressively and on the basis This case dealt with three schools that And: to all of the other aspects of the [Eastern
regular attendance at schools and
lack of safe and reliable transport of equal opportunity. States must make the reduction of dropout rates; were denied scholar transport under the [I]n instances where scholars’ access to
Cape] policy. In its application, it must be
to schools could be a violation of a primary education compulsory and Eastern Cape Learner Transport Policy borne in mind that the [Eastern Cape] policy
(e) take special measures in schools is hindered by distance and an
and a fourth that was approved for inability to afford the costs of transport, the is not an end in itself, but a means to the
learner’s right to basic education. available to everyone, free of charge. respect of female, gifted and department’s end of meeting its obligations
transport but never saw it in reality. State is obliged to provide transport to them
In addition, Article 19(1) of This could add further support disadvantaged children, to ensure in terms of Section 29 of the Constitution.
equal access to education for all in order to meet its obligations, in terms of
the Convention on the Rights of to the suggestion that the right to The question the court had to determine Section 7(2) of the Constitution, to promote
sections of the community. This case was a significant victory for scholar
the Child (CRC) states that: education should include the right to was whether the right to a basic education and fulfil the right to basic education. transport by the Legal Resources Centre
State Parties shall take all appropriate learner transport. South Africa signed Insufficient scholar transport places contained the right to state-funded (LRC), and will inform all future litigation on
Like most provinces, the Eastern Cape’s
legislative, administrative, social and and ratified the CRC, and is therefore difficulties on learners to such an scholar transport for learners who live a this issue. It speaks perfectly to the problems
policy contains an arbitrary distance
educational measures to protect the certain distance away from school. facing learners who have to walk unreasonably
bound to act in accordance with it. extent that learners are unable to requirement of a minimum number of
child from all forms of physical or kilometres that learners must have to long distances to school, and to the failure
mental violence, injury or abuse, neglect
The right to education is also attend class regularly, and/or drop Justice Clive Plasket held that:
walk to qualify for scholar transport. of the provincial governments to address
or negligent treatment, maltreatment protected in Article 26(2) of the Universal out prematurely. In addition, the The right to education is meaningless these issues efficiently and appropriately.
or exploitation, including sexual Declaration of Human Rights (UDHR) above provisions may lend support without teachers to teach, administrators Justice Plasket held that:
abuse, while in the care of parent(s), and the African Charter on Human to the fact that the state has a duty to keep schools running, desks and other [T]he distance requirement is a guideline The LRC ensured these learners no longer
legal guardian(s) or any other person furniture to allow scholars to do their which has to be applied flexibly in order to have to face arduous and dangerous journeys
and Peoples’ Rights. Article 17 of the to take steps to address the obstacles
who has the care of the child. work, text books from which to learn, achieve the ultimate purpose of providing to school. This case also highlighted the
Charter states that ‘every individual learners face while travelling to and transport to and from school at scholar transport to all of those who need need for uniform standards for scholar
Many children have suffered injury shall have the right to education’. school, such as dangerous terrain. State expense in appropriate cases. it. Precisely the same considerations apply transport by way of a national policy.
288 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport 289SCHOOL BUS Solminic Joseph is a lawyer and activist
with the Equal Education Law Centre.
CASES
Governing Body of the Juma Musjid
INTERNATIONAL AND
REGIONAL INSTRUMENTS
Julian Carpenter is a JD student Primary School v Essay NO 2011 (8) The Universal Declaration of
at Osgoode Hall Law School in BCLR 761 (CC); 2011 ZACC 13. Human Rights (UDHR), 1948.
Toronto, Canada, and an alumnus
Tripartite Steering Committe and Another The International Convention on
of Dalhousie University. He interned
v Minister of Basic Education and Others Economic, Social and Cultural
with the Equal Education Law
2015 (5) SA 107 (ECG); 2015 ZAECGHC 67. Rights (ICESCR), 1966.
CONCLUSION
Centre for three months in 2016.
The Convention on the Rights
CONSTITUTION AND of the Child (CRC), 1989.
LEGISLATION The African Charter on the Rights and
Scholars face serious challenges on their commute to and from school, Constitution of the Republic
of South Africa, 1996.
Welfare of the Child (ACRWC), 1990.
The African Charter on Human and
including long distances, the environment, personal safety, worse Peoples’ Rights (African Charter), 1981.
POLICY AND GUIDELINES
academic performance due to fatigue, and damage to textbooks.
Department of Basic Education & FURTHER MATERIALS
The right to education is an integral which can sometimes put learners in right for every learner. The policies Department of Transport ‘National AND READING
part of South Africans’ constitutional difficult or dangerous situations. put in place by provincial and national Learner Transport Policy’, 2015.
MJ Rogan ‘Dilemmas in Learner
rights, which cannot be realised Finally, international legal government provide a starting point for Department of Basic Education ‘Guidelines Transport: An Impact Evaluation of a
without adequate scholar transport. instruments show that South Africa the creation of an effective transport for Full Service/Inclusive Schools’ 2010. School Transport Intervention in the
The national and provincial transport has an obligation to provide learners strategy, but there are still many difficulties Ilembe District, KwaZulu-Natal’ (2006).
Department of Basic Education
policies contain some limited with adequate transport due to the to overcome to ensure that transport ‘Guidelines to Ensure Quality Education Statistics South Africa ‘General
helpful sections, but should largely dangers and travel distances they face. is available for every child who has and Support in Special Schools and Household Survey 2013’, 2014.
be considered works-in-progress Scholar transport is an important trouble getting to and from school. Special School Resource Centres’, 2007.
UN Committee on Economic, Social
and Cultural Rights ‘General Comment
No. 13: The Right to Education
(Art. 13 of the Covenant), 1999.
TF Hodgson & S Khumalo ‘Too Many
Children Left Behind: Exclusion
in the South African Inclusive
Education System’, 2016.
290 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport Basic Education Rights Handbook – Education Rights in South Africa – Chapter 16: Scholar Transport 291You can also read
