The North-West Education Department has until next week to make all outstanding transfer payments to schools in this province in order to avoid legal action.

The Federation of Governing Bodies of South African Schools (FEDSAS) sent a letter to the North-West Education Department yesterday in which the department’s unlawful actions are set out. Provincial education departments have a legal obligation to make transfer payments to public schools annually on 15 May and 15 November. Schools depend on this money to cover operating costs.

“It came to FEDSAS’ attention that the North-West Education withholds a percentage of this money every year with the understanding that the Department will then provide Learning and Teaching Support Material (LTSM) to schools,” explains Mr Paul Colditz, CEO of FEDSAS. Schools in North-West were required to “order” their LTSM during October and November last year so that the Department could provide the LTSM in time for the new school year. “This did not happen and schools are now experiencing a crisis as this material is not available and schools do not have the money to buy the material.” In addition schools are only allowed to order textbooks from the Department’s catalogue.

Colditz says apart from the fact that the Department did not keep its word, the practice is in essence unlawful. “The Constitution determines that the authority of a person in an executive position is limited to what is determined by law. Education officials who want to execute certain actions must therefore be authorised to do so. Since the Schools’ Act determines that transfer payments must be made in full, the North-West Education Department’s actions are unlawful.”

 FEDSAS has given the North-West Education Department until next week to either supply LTSM orders to schools or to pay the outstanding money to the schools to purchase the material. Should the Department refuse to do so FEDSAS will be forced to take the matter to court to protect the interests of its members.