Equal access to education for children with disabilities in SA

In a ground-breaking move, advocacy groups are taking the South African government to task over the denial of a fundamental right – access to education – for children with disabilities.

A recent letter of demand, served to the Department of Basic Education by legal representatives of the National Council of and for Persons with Disabilities (NCPD), Down Syndrome South Africa (DSSA), and the South African Human Rights Commission (SAHRC), marks the first step towards a potential legal battle to secure a basic education for these marginalized children.

The Plight of Children with Disabilities in the ZF Mgcawu District Municipality

The letter, which is backed by substantial evidence, draws attention to the dire circumstances faced by approximately 3000 school-age children with disabilities living in the ZF Mgcawu District Municipality (ZFM) in the Northern Cape. Shockingly, despite this significant population, there are no special schools, special needs schools, or special school resource centres within the ZFM.

For parents who are willing and able to send their children to specialized schools, the closest option is located in Kimberley, which is nearly 400 kilometers away. Unfortunately, even for those parents, the waiting lists for placement are agonizingly long, ranging from months to years. This situation leaves many children with disabilities without access to appropriate educational facilities.

The Dire Consequences of the Current System

In the ZFM, children with disabilities are forced into three inadequate options:
1. Enrolling their child in a local public school designated as a full-service school, which often lacks adequate resources.
2. Placing their child in partially funded early childhood development centres, which are not suitable for school-age children.
3. Most tragically, not enrolling their child in any formal or informal schooling program due to a lack of means and services.

The prevailing situation in the ZFM presents significant problems:
1. Full-service schools are often ill-equipped to cater to learners with disabilities, especially those with moderate to severe impairments.
2. The physical infrastructure of these schools is unsuitable for children with physical disabilities.
3. The policy of promoting all children to the next grade regardless of academic readiness exacerbates the problem.

The Fight for Equal Access

This dire situation is not a recent development. The Association of Persons with Disabilities in Upington and parents of affected children, alongside the SAHRC, have been raising concerns for years. Despite repeated appeals, their pleas have fallen on deaf ears. The SAHRC, for instance, sent letters to the Head of the Northern Cape Department of Education in 2018, 2019, 2022, and 2023, highlighting the plight of children with disabilities. These letters were met with indifference.

The Legal Challenge

The legal representatives of NCPD, DSSA, and SAHRC have taken the bold step of serving a letter of demand to the Department of Basic Education. They firmly assert that the situation in the ZFM flagrantly violates the children’s constitutional right to receive a basic education, as enshrined in Section 29 of the South African Constitution.

The demands put forth in the letter are straightforward:
1. Acknowledge the inadequacy of existing policies, programs, and plans in addressing the plight of learners with disabilities in the ZFM.
2. Recognize the constitutional and statutory duty to ensure that these children receive a basic education.
3. Initiate the development of a properly costed and budgeted policy and implementation plan to guarantee the right to access a basic education for all affected children in the ZFM, including the establishment of suitable educational facilities. Monthly progress reports are required to ensure accountability.

The clock is ticking for the Department of Basic Education to respond to this demand. The plight of children with disabilities in the ZFM cannot continue, and this legal challenge represents a significant step towards rectifying a long-standing injustice. The eyes of South Africa, and indeed the world, are watching as these organizations fight for the basic rights of the most vulnerable among us.