Textbook delivery ordered for 3rd time

2012-10-04 16:53

Pretoria – The North Gauteng High Court in Pretoria on Thursday granted a third court order compelling the national and Limpopo education departments to urgently deliver textbooks to the province's schools.

Judge Jody Kollapen granted an order to public interest group Section 27, declaring that the two departments had failed to comply with two previous court orders.

This was because they had failed to deliver all textbooks by specified deadlines and failed to devise a catch-up plan for children and teachers as set out in the court order.

However, Kollapen made no finding regarding the reasons offered by the education departments for their failure, as Section 27 did not ask for an order declaring them in contempt of court.

In terms of an agreement reached between the parties, Kollapen ordered the departments to complete all outstanding textbook deliveries for 2012 for Grades one, two, three, and 10 by 12 October.


The departments were ordered to report to the court and Section 27's attorneys by no later than 17 October about the steps taken to comply with this deadline.

They undertook to file a report by the end of October about the process and outcomes of a spring camp held earlier this month as part of the catch-up plan.

They had to identify the deficiencies of the spring camp and how these would be addressed during the remainder of the year, and set out a mechanism to monitor implementation of the 2013 remedial support programme.

The departments undertook to deliver all textbooks for Grades four, five, six, and 11 for next year by 15 December this year, and to report on the delivery.

Kollapen refused to appoint an independent person to oversee the delivery process and also to grant a punitive cost order in favour of Section 27.

He ordered the departments to pay half the costs of the present application.


The judge criticised education authorities for ignoring a series of letters in which Section 27 sought information about the delivery of textbooks and the catch-up plan, which resulted in Section 27 having to come to court for a third time.

He said it was distressing that there were still, a month before the end of the school year, outstanding issues and that textbooks had still not been delivered.

"We may not be able to accurately quantify the effect this will have, but children certainly deserved better.

"What was required in terms of the Constitution was that public administration had to be open and respond to the needs of the people," he said.

  • JohnDough - 2012-10-04 16:57

    FFS! Jail them, they are in contempt of court.

      wesley.nel.5 - 2012-10-04 17:16

      And Umaloosi say all is Honky Dory in Limpopo, ready for the exams

      sedick.gydien - 2012-10-04 17:37

      At least the books will be delivered early for next year. And, they will probably use this in their stats in terms of performance. Oh wait, the syllabus has changed, so a cadre company will be paid to collect and destroy these books next year.....what a lot of incompetent, useless, waste of skin these lot are. And, the best of all, they will be voted in again next time. At least the masses will have a reason to burn, destroy, riot and carry out their favourite past-time...and then blame the past 300 years for their lot....

      max.reynecke - 2012-10-04 18:15

      This is one f...d up African circus for you. Do the clowns actually know what the word accountability means?...and the question applies to the court as well.

      george.outremer - 2012-10-05 08:03

      I think it is high time for the Minister of Higher Education to replace the culprits with some of the graduates he says cannot find employment. I am sure these grads have the enthusiasm and ability to get the job done. Come on Minister, put your money where your mouth is and stop chirping the odds!

  • - 2012-10-04 17:01

    the 4th of october, and kids without textbooks, a failure of epic proportion, those responsible should hang their heads in shame. beyond pathetic, criminal and disgusting, cretins!!!

      Rabbler.Rouser - 2012-10-04 17:08

      The education minister will probably come up with some fudged figures showing a high pass rate. It will have about the same credibility as the useless police crime stats.

      Rabbler.Rouser - 2012-10-04 17:10

      It's almost at the end of the school year. And they still have not delivered text books. What does it help to keep giving repetive court orders. It's just becoming an academic excersize.

      devon.riley.52 - 2012-10-04 17:13

      Angie Motshega and Jacob Zuma are synonyms for the word useless

      john.smit.121772 - 2012-10-04 20:41

      Zuma will not fire "doctor knowledge from the night college", cause then he is the next most inefficient person in government.

      rowan.clark.10 - 2012-10-04 21:40

      43 days left for the term better hurry sure you can make the delivery by the time the students are in grade 12.Someone likes being able to tender on kids futures ,Any bids for 2013 lets see what these kids futures are worth?

  • christelle.james.7 - 2012-10-04 17:10

    3rd order and nothing is being done either by the department or by the courts. So what exactly is the use of the legal system? Seems as if it time for the DA to make a noise again. And people - see how your ANC government is adamant to keep our children uneducated.

  • Irene Kambouris - 2012-10-04 17:10

    Don't worry ... the matric certificates are already printed, signed and dispatched . They said everything was ready for the final examinations!

      sedick.gydien - 2012-10-04 19:01

      AND the stats have already been decided......a higher pass rate than last year....

  • greg.quinn.353 - 2012-10-04 17:10

    8/10 Angie... you go girl.. 8/10 for incompetence that is..

      christelle.james.7 - 2012-10-04 17:11

      Don't be so harsh - give her 10/10! She deserves the accolade.....!

      hein.huyser - 2012-10-04 19:55

      ....and Aunty Ange deserves that "performance" bonus of coarse. Not for doing her work, but for toeing the party line Sies cANCeR! SIES,!!!!

  • makavelithedonkilluminati.shakur - 2012-10-04 17:11

    Then what's gonna happen to the incompetent responsible individual? Get fired or retain their jobs?

      vaughan.lund - 2012-10-04 17:18

      Re-deployed so they can screw something else up.

      hein.huyser - 2012-10-04 19:57

      @Vaugn, don't be daft, there will be a bonus and promotion in rank before the redeployment

      david.coetzee.77 - 2012-10-04 22:28

      Get a HUGE performance bonus. The ANC wants to keep theyr voters stupid.

  • shirley.steenkamp - 2012-10-04 17:16

    How pathetic that you have to go to court ot get text books delivered! Governebt has FAILED to deliver period!!!!!

  • andy.boyd.90663 - 2012-10-04 17:17

    what good are the courts when their court orders are not adhered to?

      shirley.steenkamp - 2012-10-04 17:34

      Well asking this government for anything is like farting against thunder!

  • ahenriquesfernandes - 2012-10-04 17:19

    12 October? So those children will only have text books for 1 and half months for this year. What a joke!

  • lacrimose.wolf - 2012-10-04 17:27

    Distressing? this is outrageous, blatant flaunting of the fact that they are a law unto themselves. Not only do they ignore court orders handed down but they have broken their oath of office which, amongst other things, includes the promise to uphold *all* the laws of the land.

      shirley.steenkamp - 2012-10-04 18:07

      Take them to the constitutional court!

  • Krishna - 2012-10-04 17:30

    Im at a total loss. The ex ANCYL president, has had a lot to say about economic freedom, blah blah blah evoking some serious protests. Why does he remain silent on such a relevant issue? It is the ANC YOUTH LEAGUE, so it should serve the interests of our learners- THE FUTURE LEADERS OF OUR COUNTRY. Juju has the ability to raise relevant issues. Why so silent on this one? Or have I missed something?

      tony.vanniekerk.35 - 2012-10-04 17:37

      The ANC and the ANCYL as well as all their partners do not want educated people. It does not suit their agenda. This should be clear to all by now.

  • BobM6389 - 2012-10-04 17:33

    What about the poor kids that are set back. It is a disgrace a real disgrace!

      christelle.james.7 - 2012-10-04 17:41

      Those poor kids are the ones who will ensure in future that the ANC stays in power Bob. So they certainly deserve our sympathy for more than one reason

  • carl.debeer.33 - 2012-10-04 18:00

    This Country needs serious prayer from kids at school to rioting thugs on the street.What is happening?....its very sad. No leadership and no one wants to be accountable for anything. Poor Governance is killing this land.

  • bakers.dozen.14 - 2012-10-04 18:01

    the year is over. Ask SA Brewery how to deliver they never run out of beer in the rural areas.

  • nonku.butelezi - 2012-10-04 18:15

    Is there anything these people do right? Yoh this is just depressing

  • Zahir - 2012-10-04 18:35

    Keep them uneducated means more anc voters can't use there brains to see their failures

  • dadasuraj - 2012-10-04 18:37

    Providing free education is not a laughing matter. Lets becareful, else it will end us in court. A word to the wise is ...............

  • tabisa.ndamase.7 - 2012-10-04 19:02

    This is just irregular and waisteful expenditure, how can u not deliver books at the required deadlines, what do u expect the kids to read at school for the term u didn't deliver books....

  • girlie.mlotshwa - 2012-10-04 19:03

    At the school I teach, we've been lucky to have textbooks delivered by the original court deadline. The books have since been issued to learners. My biggest challenge is getting the learners bring those books to skul during lessons. They complain tht they are too heavy to carry. So I still have to use my textbk to write classwork frm the books on the board. So much abt the textbk saga.

      brandon.mccutcheon.56 - 2012-10-04 21:51

      I can imagine that. Normally, kids would only have to carry text books needed for that day. Now, they have to carry more than they needed because they have to catch up. I feel sorry for you teachers who have no choice but to 'fast track' learning in order to complete the curriculum. Unfortunately, kids are unable to absorb all that information at that pace which will result in them failing unless of course, the department just 'passes' them to save face.

      david.coetzee.77 - 2012-10-04 22:31

      Its truly sad that you only got those books after a court date. You needed the in the beginning of the year already.

  • punungwe - 2012-10-04 19:24

    If a court orders you to lay an egg, what would you do? Frankly speaking a judgement should be backed by logic and reason.

      Mandy Casey - 2012-10-04 20:00

      Logic dictates that on the first day of school ALL children receive their books.

      brandon.mccutcheon.56 - 2012-10-04 22:24

      @punungwe. When I was in school, we received all our text books at the first day of the term.

      punungwe - 2012-10-05 05:54

      where I went to school, our parents bought textbooks for us and we carried them to school everyday. That's why I have a lopsided shoulder ..... and good qualifications.

      BigChiefPlumbPudding - 2012-10-05 09:59

      punungwe - and do you think I travelled on a luxury bus and my books grew legs and walked everywhere behind me?

  • pierre.walt - 2012-10-04 19:41

    They just ignore two court orders why not another one. Because we have corrupt unqualified officials. Why did you not ordered competent people to be appointed. That will solve the problem ease.

  • Mike Peach - 2012-10-04 19:49

    What a disgrace!

  • hein.huyser - 2012-10-04 19:51

    Strike one, Strike two, Strike three, you're out! Time for some accountability and heads to roll now. What happens to the average citizen if they disobey a court order? Why are there different rules here?

  • neil.lazarus.7 - 2012-10-04 20:27

    Educated people make educated choices. Nuff said .

  • john.smit.121772 - 2012-10-04 20:31

    Welcome to Africa. If a party is in contempt of court (twice), the court issues a third order. We are worse than Zimbabwe.

  • dan.ledwaba.5 - 2012-10-05 00:09

    ...and a 4th....and a 5th....and a 6th.... When exactly will the final court order be....when will the court order be taken seriously.....does the gov want the children from Limpopo to fail life?????? This frustrates me. Yet gov says that the children from Limpopo are ready for the next exams.

  • trevor.roberts.148 - 2012-10-05 00:18

    I wonder if the orders were placed with BEE companies.

  • ken.koen - 2012-10-05 07:42

    They can't deliver the books, but now they want to deliver condoms so that the kids, or should that be "learners" can enjoy safe sex at school. Clearly education, discipline and good moral standards, the cornerstone of prosperity, are very low on the agenda of the department of education. Education like everything else in this "democracy" is in total regress.

      winifred.watson.9 - 2012-10-05 10:19

      Yes maybe the condoms will arrive before the books. My maid told me that condoms are waste, her cant enjoy sweets if you leave the paper on, that what her children told her. Well, they can have fun whilst waiting for the books to arrive.

  • kuno.tschumi.5 - 2012-10-05 08:07

    President Zuma has been invited by the Secretary-General to be one of the ten inaugural Member State Champions for the Education First Initiative. The champions will provide support to the UNSG in order to ensure strong visibility and the success of the Initiative. Well it up in his own country but being appointed by the UN. What a slap in our faces. A disgrace to the country and a serious problem by the UN.

  • tim.rolston.9 - 2012-10-05 08:32

    Oh I think that you are all being so unfair, Limpopo got "top marks" for its transformation, BEE scores and numbers of black managers in local government didn't they? You can't expect them to actually do their jobs, apparently not even if the court tells them two on three occasions.

  • canna.discussions - 2012-10-05 09:11

    So why might I ask was contempt of court not used? 3 court orders for the same thing tells me a court order has no authority or even legal ramifications.

  • winifred.watson.9 - 2012-10-05 10:12

    Why are we bothering with them at all.....Julius did'nt bother, they did'nt bother so why are we bothered. They dont think education is priority......priority is being given everything for free. When we are making big noises because we believe that education is necessary in life they are telling us to swim to europe. They cannot get the picture of seeing people running around protesting burning trashing killing for 5c more is only bring back primitive actions maybe a better education so that they understand the world is in a bad place right now and a job is better than no job or a little more money is better than huge increase because that will mean retrenchment for others will loom. No education is not necessary mediocre will be acceptable. Thats why our Miss Angie and her cronie supporters still have their jobs. I rest my case with education in this country.

  • thabani.ngema - 2012-10-05 13:10

    Vote is your voice! same ppl that are suffering under the current Government they will not use their vote to bring a change. Oh ya, we will be told about freedom they fought for, yet service delivery remains the unresolved issue. We have power to change the whole ANC thing or Party, but believe me, ppl will vote back the same party that only cares about themselves.

  • nick.howarth.9465 - 2012-10-08 09:12

    Judge Jody Kollapen. Why didnt you declare them as being in contemp of court? I bet we can guess who pays your salary!

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