The Federation of Governing Bodies of South African Schools (FEDSAS) has announced it will lodge a formal complaint with the South African Human Rights Commission (SAHRC), accusing eight provincial education departments of violating learners’ constitutional right to education.
FEDSAS CEO Jaco Deacon revealed that more than 29,000 teaching vacancies remain unfilled nationwide, with some provinces failing to transfer critical school subsidies on time—leaving schools struggling to pay for basic necessities like electricity, water, and learning materials.
Key Allegations
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Unfilled Posts: Over 4,500 educator positions remain vacant in just three provinces, while the Western Cape faces a 26% vacancy rate for principals and 40% for deputy principals.
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Late Subsidies: Only three provinces—Western Cape, Free State, and Limpopo—paid school transfer funds by the legally mandated deadlines (May 12 and November 15). In KwaZulu-Natal (KZN), schools are still awaiting payments, exacerbating financial crises.
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Hunger and Infrastructure Collapse: Learners in affected provinces face suspended nutrition programs, transport shortages, and even wrote mid-year exams in unheated, dark classrooms due to unpaid utility bills.
Free State Exempted
Deacon noted that the Free State was the only province excluded from the complaint, as it had filled most posts and disbursed funds on time. However, he emphasized that education challenges persist nationwide.
Constitutional Violations
FEDSAS argues that these systemic failures breach Sections 28 and 29 of the Constitution, which guarantee children’s rights to basic education. “We’re robbing our children,” Deacon said, criticizing provinces for delaying appointments to “save money” while learners suffer.
Accountability Demanded
Deacon called for investigations into whether misallocation or administrative incompetence is to blame, urging disciplinary action against negligent officials. He also slammed provincial legislatures and Parliament’s portfolio committee for inadequate oversight.
Next Steps
The SAHRC will assess whether the provinces—Eastern Cape, Gauteng, KwaZulu-Natal, Mpumalanga, Northern Cape, North West, Western Cape, and Limpopo—have violated learners’ rights. FEDSAS warns that without urgent intervention, South Africa’s education crisis will deepen, leaving thousands of children behind.