Equal Education is devastated to learn of the tragic vehicle collision that took the lives of about 12 learners on Monday, 19 January 2026. Our deepest condolences to the families who have lost loved ones and are currently in mourning. We also send our heartfelt thoughts to the learners who are in the hospital recovering from this awful, tragic accident.
This scholar transport collision should not be viewed as an isolated incident, but rather as a failure of governance on multiple levels. The Department of Transport(DoT) and the Department of Basic Education(DBE) have the responsibility to ensure that every learner in South Africa has access to safe scholar transport. Our society needs to mobilise to create systems that protect everyone, especially the most vulnerable among us. This is not the first accident that has involved unsafe scholar transport, and if this issue is not taken seriously, this problem will persist. As long as scholar transport is underfunded, underregulated, and badly implemented, more learners will succumb to such incidents.
Importantly, Equal Education recognises the complexity surrounding the regulation of private scholar transport and that this responsibility falls on numerous stakeholders. As part of our work for ensuring safer scholar transport, we have engaged the DBE and DoT in the drafting of the National Scholar Transport Policy to pay closer attention to private scholar transport. Furthermore, we continue to encourage the two departments to collaborate closely with the road traffic management corporation and law enforcement officers to ensure that learners remain safe on the roads. We urge all stakeholders responsible for learner transport, including private car drivers, taxi drivers and other public transport drivers, to remain vigilant on the roads to protect the safety of all road users. Additionally, we condemn the use of illegal scholar transport, which includes unlicensed drivers, vehicles that are not roadworthy, and goods vehicles, among others.
The foundation of our society rests on the children and young adults trying their best to attain an education that prepares them for the future. Learners need to be protected on their journeys to school, from the moment they leave their homes to the time they enter their schools, yet we see that this is not taking place. If learners do not have access to safe transport to school, this means that Section 29 of the Constitution, which states that every child in this country has a right to education, is not being fulfilled. Without safe transport to and from school, education cannot take place, and the dignity of the learners is impeded.
Equal Education has long advocated for safe scholar transport, particularly in rural areas where learners tend to walk long distances to school. In Nquthu, through a collaborative effort with the Equal Education Law Centre, we challenged the Kwa-Zulu Natal Provincial Education Department(KZDoE) to ensure that there is scholar transport for the learners in Nquthu. Our experience in Nquthu also led to the introduction of a provincial learner transport policy, and calls to review the national learner transport policy. We continue to monitor the implementation of scholar transport programme in Kwa-Zulu Natal.
The existing framework adds to the chaotic and dangerous state of affairs in the transportation sector. We echo the findings of the South African Human-Rights Commission’s (SA-HRC) report on systemic scholar transport violations in the North-West province, noting that similar issues prevail across the country. The SA-HRC notes that these violations “stem from systemic failures, including insufficient and poorly managed budgets, weak oversight and contract enforcement, corruption, inadequate planning and coordination, policy gaps, role confusion, and a persistent disregard for legal obligations.” Safeguarding learners’ passage to school requires comprehensive interventions in policy and practice to secure funding, improve coordination, ensure compliance, and provide inclusive access for all learners in need. Moreover, the government must ensure that these policies and laws are enforced, and not just serve as a tick-box exercise. These calls need to be urgently adhered to.
If the government fails to ensure reliable scholar transport that learners can access, parents have no choice but to resort to using alternative transport that remains under-regulated, thus putting their children at risk of harm. The DBE and Provincial Education Departments have a constitutional obligation to ensure that the right to a basic education for all learners is immediately realisable. This includes ensuring that learners commute safely to and from school.
To arrange a media interview, contact:
- Sesethu August (Equal Education Communications Officer) sesethu@equaleducation.org.za or 063 221 7983