Vanderbijlpark deaths demand binding scholar transport rules
Vanderbijlpark deaths, further crashes, and new Human Rights Commission findings demand urgent action on scholar transport.
The Legal Resources Centre extends its condolences to every family, school, and community grieving after the scholar transport crash near Vanderbijlpark. SABC News has reported that the death toll has risen to 12.
This tragedy has been followed by yet another scholar transport crash, this time in Pinetown, where nine children were injured after the vehicle reportedly lost control and crashed into a tree.
These incidents return the spotlight to a national crisis that has been allowed to continue for far too long. On 19 January 2026, the South African Human Rights Commission released findings and directives on systemic scholar transport challenges in the North West, including safety and oversight failures, permeating both the public and private sector. Furthermore, capacity constraints on government-provided scholar transport forces families to seek out more dangerous and less regulated private alternatives.
Where intoxication, reckless driving, operator negligence, or weak enforcement are proven, there must be swift prosecution and consequence management, not only for the driver, but for any operator or official who enabled unsafe transport to continue. All vehicles and drivers in both the public and private sector that are used to transport learners to and from school should also be subject to strict regulation and subject to regular inspections.
The state’s repeated failure to ensure the necessary regulation of scholar transport should be condemned in the strongest terms and steps need to be taken to overhaul the system. Stronger collaboration between the Department of Basic Education and the Department of Transport is also required to ensure the safety of learners.
Roadblocks and inspections cannot start after children die
Police and traffic authorities in Gauteng are now conducting roadblocks and stop and search operations to check compliance by scholar transport vehicles.
These steps are welcomed, but they raise the question: why must 12 children die before enforcement becomes visible and urgent. Schools have already reopened. This should have been routine from the first week of the term, not a reaction after tragedy.
Scholar transport fatalities and serious injuries are not a new feature of this year. Deadly crashes involving learners are reported on annually. Commenting on the tragedy, President Ramaphosa said that it is vital to ensure that all measures are taken to ensure the safety of learners, including ensuring the quality of service providers.
What must happen now
The scholar transport in South Africa requires a system-wide overall. We call on the Minister of Transport and the Minister of Basic Education to urgently implement binding, enforceable national scholar transport regulations, supported by dedicated funding and measurable accountability.
This must include, at minimum:
- Roadworthiness checks for every vehicle used for learner transport, with visible proof of compliance
- Strict enforcement against overloading, with severe consequences for operators and officials that flaunt the law.
- Preliminary and ongoing vetting protocols for scholar transport operators to ensure those transporting learners have the proper professional driving permits
- Clear contracting and procurement standards, with transparency and consequence management
- Accessible, anonymous complaints and reporting channels for parents, schools, and communities,
- Reliable transport from the first day of school for all qualifying learners, with clear accountability when services fail
The Human Rights Commission has set out detailed directives on addressing systemic failures, including safety, oversight, and accountability. The deaths in Vanderbijlpark and the injuries in Pinetown show the cost of delay.
Media interviews:
The Legal Resources Centre is available for interviews on government’s constitutional obligations relating to scholar transport, what binding national regulation should contain, and what real accountability must look like when learner transport systems fail.
