Eastern Cape high court rules department unlawfully withheld school funding
The Eastern Cape High Court in Makhanda found that the provincial education department's decision to withhold 33.75% of each school's funding allocation for 2023-24 and to withhold the same for 2024-25 was unconstitutional, unlawful and invalid. The court also declared reductions to per-pupil funding between November 2020 and November 2022 unlawful and applied paragraph 114(b) of the national norms, requiring a joint plan proving financial impossibility before lower allocations are lawful. The department must report to the court every three months for a year and ensure correct allocations for 2027-28.
Court ordered full per-pupil funding and quarterly compliance reporting
Context
The department told schools in May 2023 and December 2023 it would withhold 33.75% of allocations. The court found those decisions unlawful and ordered quarterly reports and steps to restore correct per-pupil allocations by 2027-28.
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