Court Rules Against Education Dpt In Pit Toilets Case


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Department of Basic Education in Limpopo will have to submit a revised plan to eradicate pit toilets. This follows a High Court ruling on Friday that declared its current plans for pit toilets as unconstitutional.


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The Limpopo High Court ruled in favour of Section27, ruling that the Education Department's proposals for pit toilets are unconstitutional.

On Friday this past week, Judge Gerrit Muller ruled that the Limpopo Education Department was in violation of an order handed down during the case of Rosina Komape versus the Minister of Basic Education and others in 2018.

This comes after five-year-old Michael Komape from Chebeng village drowned in a pit toilet in 2014. According to the Director of Section27, Nontsikelelo Mpulo, the organisation has been conducting sanitary checks in schools since 2012 and has welcomed that ruling.

She has also stated that it is disappointing that they have had to resort to court action in order to get the Basic Education Department to act on the 2018 order to eradicate pit toilets.

The fact we had to go to court is quite shameful on the part of the department because they themselves have put together a plan, the norms and standards for school sanitation by which pit toilets should have been eradicated by 2016. 

According to the court order, the department must submit a revised plan that is detailed and comprehensive. They are also required to identify schools that have pit toilets in Limpopo even those that are not in use within 90 days.

There are currently about 1640 schools in Limpopo that require sanitation needs according to Mpulo.


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