Martin’s case unlikely to see prosecution – legal expert

START LESSONS: ANC MPL Christian Martin, second from left, has opened a criminal case against the Port Elizabeth district education office. With him were township schools representative Nezi Ngubelanga, left, Lieutenant-Colonel Graeme Paterson of the Gelvandale police station and concerned parent Stanley Potgieter Picture: EUGENE COETZEE

CHANCES are slim that anyone will be prosecuted in the criminal case opened last week by ANC MPL Christian Martin regarding the closure of northern areas schools.

Last Wednesday, Martin laid a complaint against the Port Elizabeth education district office due to its inaction over the closure of schools.

He said he had opened a case of intimidation, incitement, violation of the constitution and contravention of the Schools Act.

According to Legal Resources Centre (LRC) regional director Sarah Sephton, the right to an education is enshrined in the constitution and the Department of Education is tasked with ensuring that every pupil has enough teachers, desks, learning material and adequate space at schools.

The Schools Act stated, Sephton said, that every MEC must ensure there were enough school places so that every child in the province could attend.

“If an MEC cannot comply because of a lack of capacity, he or she must take steps to remedy any such lack of capacity.”

Sephton said the department could possibly argue that it had been engaging with stakeholders on the matter and investigating the circumstances that led to the pupils’ absence.

“Parents can argue that their children do not receive the basic infrastructure, school places, desks and teachers required.

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