Break time in schoolyards around the country is characterised by laughter and play – and in no-fee-paying schools, by bustling queues for school meals.
Acting Deputy Judge President Sulet Potterill declared the department of basic education and eight provincial education departments to be “in breach” of their constitutional duties to fulfil those rights, describing that violation as “egregious”.Reflecting that “hunger is not a problem – hunger is an obscenity”, the court rejected education departments’ vague plans to reinstate the NSNP at an indefinite future date, and ordered the immediate delivery of school meals to all qualifying pupils.
The judgment expanded those entitlements to include basic nutrition. Although the department of basic education’s own policies recognise nutrition as a component of the right to basic education, it denied that right included the provision of nutrition by schools. The court rejected that stance, reiterating that nutrition and the ability to learn were mutually reinforcing and indivisible. The protection and provision of nutrition – even in periods of crisis – is a key entitlement for pupils.
Importantly, the judgment ordered education departments to provide meals to all qualifying pupils – not only to those who returned to school for every day of the academic year during the pandemic. One of departments’ greatest challenges was developing systems to feed children who were required to continue learning at home due to rotational timetabling or the phased return of different grades.
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