SAHRC reveals systemic failures and R1 billion corruption in North West scholar transport

As schools reopen across the country, the South African Human Rights Commission (SAHRC) has released a damning report on Monday, confirming widespread rights violations within the North West Province’s scholar transport programme.

After an extensive investigation involving government departments, civil society, and parents, the Commission concluded that allegations of systemic failure are substantiated.

The report attributes these failures directly to the North West Department of Education (NW DOE) and the Department of Community Safety and Transport Management (COSATMA).

In addition to the findings, the Commission’s report shows the daily reality for thousands of learners. 

The report found that thousands of qualifying learners are deprived of transport, forcing them to walk long distances, arrive late, or drop out of school entirely.

If they do have transport, the majority of services rely on unroadworthy, overloaded vehicles that frequently break down. Drivers are not consistently vetted, putting children at risk.

A lack of adult supervision during transit exposes learners to bullying and safety risks and findings indicate that learners with disabilities are not reasonably accommodated, which often leads to their exclusion from the education system or subjecting them to unsafe conditions.

The investigation stated severe financial irregularities, noting that payments exceeding R1 billion were made to service providers for services that were never rendered. The report asserts that the North West Provincial Treasury has been “complicit” in these failures by not taking strict measures to prevent the misuse of public funds.

The Commission identified corruption, weak contract enforcement, and insufficient budget management as the root causes of these violations.

In a bid to address these constitutional violations, the SAHRC has issued strict directives with tight deadlines:

Within 60 days: COSATMA and the NW DOE must submit a progress report detailing the number of learners now provided with transport, the status of roadworthiness testing, and consequence management measures taken against officials and service providers. They must also produce a costed remedial plan to address fraud and the use of untested vehicles.

Within 90 days: The departments must establish a functional complaints call centre with whistleblower protection, eradicate all outstanding payment backlogs, and ensure every learner requiring transport is accommodated.

Within 180 days: The Provincial Learner Transport Policy must be amended to close gaps regarding eligibility, driver vetting, safety standards, and the regulation of private scholar transport.

IOL