31 October 2025
By Aluyolo Mbeki, Organiser and Yolisa Piliso, Researcher at Equal Education
Section 29(1) of the Constitution guarantees that everyone has a right to a basic education and that it is an unconditionally and immediately realisable right. The Department of Basic Education’s (DBE) and provincial education departments must contend with this universally accepted right and ensure its realisation. The content of the right to basic education has continued to evolve since the introduction of the Constitution to include adequate school infrastructure in accordance with the Minimum Standards and Norms for Public School Infrastructure, the provision of textbooks, school nutrition, and “conditional scholar transport,” among other things. Learners cannot access their right to basic education if scholar transport is not provided, especially in rural areas. We accept that some learners in different provinces are recipients of scholar transport. However, we are concerned that learners continue to endure unsafe conditions in scholar transport.
Before we unpack the safety concerns that arise from the provisioning of scholar transport, it is important to identify the source of the right to scholar transport. It is common cause that transport is an instrumental element of the right to basic education, especially for learners who traverse long and unsafe distances from their homes to school. Various public interest organisations have litigated for the provision of scholar transport for learners. In 2015, in the matter between the Tripartite Steering Committee and Another v Minister of Basic Education and Others, Plasket J held that the right to basic education is ‘meaningless’ unless learners have access to transport to and from school, at the government’s expense, in appropriate cases. Later in 2017, the Equal Education and the Equal Education Law Centre successfully challenged the KwaZulu-Natal Department of Education, which led to the provisioning of scholar transport for learners in Nquthu and the promulgation of scholar transport policy. Also, in 2024, the Legal Resources Centre, acting for the Khula Development Project in Peddie, challenged the Eastern Cape Education Department for the provision of scholar transport for over 40,000 qualifying learners.
There have been many piecemeal efforts by different role players showing the need for the provision of scholar transport for learners in need. Such attempts have expanded the scope of the right to basic education to include scholar transport for learners who walk long and unsafe distances to school. Although learners in different provinces qualify for scholar transport, some continue to find their way to school without it due to a lack of provision.
During our school visits in KwaZulu-Natal, several schools expressed concerns about their learners’ access to scholar transport. One principal went as far as saying that his school enrols over 1200 learners, but he has been allocated just 2 buses for all those learners. This leads to overcrowded buses and learners having early mornings and long and late days, which is not different from walking to school based on the time spent on the roads. It also means that drivers are pressured to deliver learners on time, and therefore, there is a high likelihood of speeding on the road to and from school. At other times, principals have reached out to Equal Education to report that they lack scholar transport, even though they are compelled to enrol learners from more than 10 km away from the school. This is a direct infringement on learners’ accessing their right to basic education. Many learners may be remaining at home because schools are far and due to long, unsafe walks to school.
Having established that qualifying learners have a right to access scholar transport, we turn to address the safety concerns that arise from the scholar transport services. Safety concerns regarding scholar transport arise in different provinces. In the most recent article, Simon Majadibodu reported that a 5-year-old learner died in a scholar transport bus accident. On 17 August 2025, The Citizen reported that a Grade R learner died in a tragic school bus accident. On 11 September 2025, the KwaZulu-Natal Department of Education mourned the passing of a Grade 11 learner in a school bus, while on 11 August 2025, Jacaranda FM reported that a 6-year-old learner died in a school bus accident. These incidents highlight concerns about scholar transport and necessitate immediate, direct intervention from provincial education departments to ensure the safety of learners. Provincial Traffic Departments also ought to intervene to ensure strict compliance and monitoring of scholar transport to protect the safety and the lives of learners using scholar transport.
The Equal Education learner members, equalisers in KwaZulu-Natal, are the first-hand recipients of the poor conditions of scholar transport. Below is a list of their direct remarks, reflecting on the experiences using scholar transport;
“We have two buses, one goes to Izica and Thelezini, and the other goes to Nquthu. The bus going to Nquthu is often overloaded, it has more troubles and get stuck along the way to school, and learners arrive late at school” Equaliser 1
“Drivers drive the buses under the influence of alcohol” Equaliser 2
“School buses do pickups late in the morning” Equaliser 3
“When it is raining, it is hard to go to school. We get home late, and we do not have time to study, and we fail as a result” Equaliser 4
“When it’s raining, the rivers are full, then the buses cannot cross to the other side of the river” Equaliser 5
The above sums up the experience of access to education for some learners in KwaZulu-Natal who are using scholar transport. Their experience of education has become an accepted reality. If these issues remain unaddressed, their futures will bear the price. If these concerns are left unresolved, the price would be their lives on the roads, like many other learners who lost their lives due to negligence in scholar transport. If these concerns are left unchallenged, their experience of commuting to school will continue to be a risky journey. A prayer for the safe return of a school bus is a common prayer echoed in different rural areas for the lives of their children. They are taking a risk for education, for the betterment of their lives and their families.
Safety of learners in scholar transport is a long-standing issue that also requires the Department of Basic Education to intervene in ensuring that their lives are safeguarded. The Department of Transport cannot be on standby while learners continue to commute in unsafe conditions on the roads. The journey to the realisation of the right to basic education for some learners is cut short due to negligence. All responsible government departments should intensify their interventions to safeguard the lives of learners on the road.
In light of the alarming safety concerns, equalisers in KwaZulu-Natal are calling for the following;
- The condition of school buses must be monitored weekly by the respective education districts.
- A stop for overloading school buses;
- Asking for additional buses;
- Ensure drivers do not drive under the influence of intoxicants;
- Buses must have usable safety seat belts.
- The provisioning of scholar transport must be inclusive, particularly disability friendly.