The LRC is taking legal action against the KZN Education Department for failing to pay subsidies owed to early childhood development centres.
The Legal Resources Centre (LRC) welcomes today’s ruling by the KwaZulu-Natal High Court in Pietermaritzburg in the first part of our application against the KZN Department of Education (KZNDoE) for its ongoing failure to pay subsidies to qualifying Early Childhood Development (ECD) centres.
The Court confirmed the urgency of the matter and granted relief in favour of our clients – three community-run ECD centres: Sakhokwethu, Phumelela, and Zenzeleni Crèches. The Court directed the KZNDoE to pay all outstanding subsidies to these centres within ten (10) days. Specifically, the Department must pay R37 873 to Sakhokwethu Crèche, R51 256 to Phumelela Crèche, and R79 730 to Zenzeleni Crèche.
This positive outcome provides long-awaited reprieve for our clients, who have been on the brink of collapse after months without financial support. Representing the Friends of South Africa ECD Forum (FOSA), the KZN ECD Alliance, and the three affected ECD centres, the LRC brought this application to prevent irreparable harm to children’s rights and wellbeing. The failure to pay the R17-per-child per-day subsidy has left ECD centres unable to cover basic operational expenses. Despite repeated attempts to engage with the Department throughout 2024 and 2025, the situation remained unaddressed until today’s court-ordered intervention.
The first part of the case marks an important step in a broader legal effort to secure systemic accountability. The second part, which will be heard at a later date, seeks structural and declaratory relief to address province-wide subsidy failures and to affirm that access to Early Childhood Development is a constitutional right for all children in South Africa. The LRC will continue to advocate for the finalisation of Transfer Payment Agreements, full disclosure of unpaid subsidies, and a court-supervised remedial plan that ensures no child is denied a fair start in life due to government neglect. A hearing date for the second part will be announced in due course.
