The Legal Resources Centre has called for urgent national intervention following the collapse of scholar transport in the North West, which has left hundreds of learners stranded and denied their right to basic education.
The Legal Resources Centre (LRC) recently made submissions at the South African Human Rights Commission’s (SAHRC) Investigative Inquiry into scholar transport challenges in the North West Province. Our submissions highlighted a range of policy and administrative failures by the North West Department of Community Safety and Transport Management (COSATMA) and the North West Department of Education (NWDOE), which have left thousands of learners without access to safe, reliable transport to and from school.
The LRC identified major shortcomings in COSATMA’s North West Provincial Learner Transport Policy. The policy replicates, almost word for word, the National Learner Transport Policy, failing to respond to the specific needs of learners in the province. Furthermore, the guidelines issued with the Provincial Policy contradict several of the policy’s provisions and significantly narrow the definition of qualifying beneficiaries. These exclusions affect learners in urban and peri-urban areas as well as learners with disabilities, reflecting a clear failure to uphold the constitutional rights of all children to basic education.
We further highlighted the absence of a clear procedural framework to guide COSATMA and the NWDOE in identifying qualifying learners, budgeting for the programme, procuring and paying service providers, and developing learner transport routes to ensure timely access to transport from the beginning of each academic year.
Testimony from COSATMA and the NWDOE exposed deep confusion between the two departments over their respective roles and responsibilities. This lack of clarity has undermined effective planning and service delivery. COSATMA admitted that, due to non-payment of service providers, inspections of school buses scheduled for January 2025 had to be cancelled. This was the third consecutive biannual inspection missed by some providers. As a result, buses were not serviced or repaired during December 2024, compromising safety and reliability.
These failures have now escalated into a full-blown crisis.
On 6 May 2025, eNCA reported that for the second consecutive day, hundreds of learners in the North West were left stranded after scholar transport service providers downed tools, citing non-payment for a period of five months. Service providers stated that they simply could not afford petrol to transport learners.
The NWDOE, in response, claimed that it is not responsible for scholar transport and cannot be held accountable for the resulting disruption. It referred to the situation as due to “unforeseen circumstances.” However, the LRC rejects this characterisation. If service providers have not been paid for five months, it is entirely foreseeable and avoidable that they would be unable to continue offering services.
COSATMA, meanwhile, continues to frame itself as a mere service provider to the NWDOE. During the SAHRC Inquiry, COSATMA confirmed that it faces budgetary restrictions and acknowledged the issue of non-payment to service providers.
This administrative blame-shifting undermines learners’ constitutional rights. Section 29(1) of the Constitution guarantees the right to basic education, which is immediately realisable. Government departments are required to proactively remedy any barrier they are aware of that hinders the fulfilment of this right.
Budgetary constraints cannot be used as a blanket excuse, especially when departments have failed to adequately utilise the funds already available to them or explore intergovernmental mechanisms to secure additional funds through the presentation of a proper business case to the relevant treasury.
There is an obligation on departments to act proactively to take steps to secure the necessary funds to discharge their constitutional obligations. Especially in the education sector, policies should place learners’ needs at the fore, and not restrictive budgetary considerations. However, if a budgetary shortfall occurs, it must be swiftly addressed through treasury legislation allowing for budget adjustments during the financial year. Failure to use these legal and procedural tools renders claims of unforeseen circumstances contrived and fallacious.
COSATMA’s Head of Department, Dr Hans Kekana, admitted that non-payment of invoices within 30 days was due to internal inefficiencies, and acknowledged that this issue falls within the department’s own control. While Dr Kekana stated that the issue had been addressed and that outstanding invoices were declining, the current crisis contradicts this claim.
The LRC calls on COSATMA and the NWDOE to publicly clarify the cause of this continuing service delivery breakdown and to provide clear plans for how and when the scholar transport system will be stabilised.
We repeat our recommendation that COSATMA, in consultation with the NWDOE and relevant stakeholders, must urgently revise the Provincial Learner Transport Policy. The revised policy should clearly delineate roles and responsibilities, include practical mechanisms for interdepartmental coordination, and ensure effective service delivery from the start of every school year.
These failures are not unique to the North West. From our work in the Eastern Cape, we know that many other provinces have failed to secure adequate funding for scholar transport. This has left an estimated 170,000 learners across the country stranded and unable to access their basic right to education.
National intervention is urgently required.
The LRC has recommended that the SAHRC call on the National Department of Transport and the National Department of Basic Education to adopt binding minimum norms and standards for scholar transport under their regulatory powers, in terms of section 72(1) of the National Land Transport Act and section 61(i) of the South African Schools Act, respectively. These regulations will provide essential guidance to all provincial governments and ensure uniform and equitable access to scholar transport services nationwide.
The Legal Resources Centre remains committed to ensuring that no learner is left behind and that every child’s right to education is fully realised through the provision of safe and reliable scholar transport.
