Justice for Early Childhood Development – LRC Challenges KZN Department’s Failure to Pay Subsidies
On Monday, 26 May 2025, the Legal Resources Centre (LRC) will appear before the Pietermaritzburg High Court to challenge the KwaZulu-Natal Department of Education’s (KZNDoE) prolonged failure to pay Early Childhood Development (ECD) subsidies. Representing the Friends of South Africa ECD Forum (FOSA), the KZN ECD Alliance, and three community-run ECD centres, the LRC will confront the systemic neglect that continues to deprive thousands of children of their basic rights.
At the heart of this case lies a devastating reality: hundreds of ECD centres, critical for early learning and care, have been pushed to the brink of collapse due to the KZNDoE’s failure to pay the R17-per-child per-day subsidy. These modest yet essential subsidies are often the sole source of income for centres that serve South Africa’s most economically vulnerable communities. Without them, the intricate ecosystem of educators, caregivers, children, and families begins to unravel. Many centres have been forced to beg and borrow, incurring huge debt with service providers. Some centres have been unable to pay staff salaries, rent and utilities and threatened with resignations from staff and evictions from landlords. Despite repeated letters, appeals, and attempts at dialogue throughout 2024 and into 2025, the Department has been unresponsive and or shifted the blame elsewhere.
The application is brought in two parts. First, the LRC is seeking urgent relief—an immediate court order compelling the KZNDoE to pay the outstanding subsidies owed to the three applicant centres within five days. The second part seeks a declaration that every child in South Africa has a right to early childhood development. In doing so, it aims to enshrine ECD as a guaranteed right that transcends political will or bureaucratic inefficiency.
The applicants are also asking for a full disclosure of all subsidised ECD centres in the province, a comprehensive report on unpaid subsidies, a detailed remedial plan, and the finalisation of formal agreements with all ECD centres within three months. If granted, monthly progress reports will ensure that accountability is not just promised but orchestrated through transparent and continued oversight.
Nkosinathi Sibisi, national coordinator of the Friends of South Africa ECD Forum, reflects on the broader mosaic of change: “We cannot speak of breaking the cycle of poverty if we deny our children the right to begin that journey. Every child, in every province, deserves a fair start. This case is about ensuring that the ECD system doesn’t crumble—and that children are not forgotten in the shadows of bureaucracy.”
The court hearing will take place at 09h30 at the Pietermaritzburg High Court. Members of the media and public are invited to attend.
