The SAHRC wants the nutrition programme to cater to all learners because it has been shown to improve access to education and learning.

The Commission is concerned learners from poor backgrounds are especially disadvantaged by the programme not being made available to all.

"The NSNP is a crucial programme that seeks to mitigate the effects of poverty while contributing to the constitutional rights to sufficient food and a basic education of learners in need."  said the SAHRC.

On 19 May 2020, the Department of Basic Education informed the Commission that it would be providing food to all learners once schools reopened.

However, the department turned back on this decision on 1 June when it stated that the nutrition programmes would only feed learners in grade 7 and 12.

The SAHRC is concerned that learners rights to basic education and food are being threatened by the Department of Basic Education's decision to not provide food to all learners.

The Commission has shown support for organisations that are taking action against the decision made by the Department of Basic Education. 

"The Commission takes note of legal proceedings instituted by Equal Education and others in this regard, and looks forward to the swift resolution of the matter and the vindication of the rights of poor learners."