The Free State Education Department must provide a written undertaking that it will not unlawfully or unilaterally withhold any portion of the resource allocations payable to public schools. 

The school governing body organisation FEDSAS insists on this confirmation in a letter to the Free State Head of Education. All provincial education departments have to make the first payment to public schools before or on 15 May 2026 in accordance with the National Norms and Standards of School Funding (NNSSF).

“According to information that FEDSAS received from Free State member schools, only 25% of the annual resource allocation will be paid during the May payment cycle instead of the 50% that is normally payable in this cycle,” says Francois van Heerden, provincial manager of FEDSAS in the Free State. Van Heerden says schools did not receive any formal communication from the provincial education department about senior management’s apparent decision to withhold the LTSM component of the funding. This component is earmarked for learning and teaching support material, including learning material and stationary.

In letters sent to schools last year, the Free State Education Department set out the payment categories and distribution of the 2026 allocations. School governing bodies used this information to draw up school budgets for this year.

“FEDSAS requires urgent confirmation from the provincial education department as this is a matter of serious legal concern,” says Dr Juané van der Merwe, FEDSAS’s Deputy CEO and Head of Legal Services. She explains that the South African Schools’ Act places a duty on the State to fund public schools using taxpayers’ money. “The purpose is to ensure the proper exercise of learners’ right to education and the redress of past inequalities in education provision.”

Van der Merwe-Mocke says although provincial education departments may centrally appoint suppliers for learning material and stationary this has to take place in consultation with school governing bodies. “It is a statutory function of the school governing body. The law does not provide for provincial education departments to make unilateral internal decisions in this regard.”

In the letter, of which the Free State Education Department has acknowledged receipt, FEDSAS requires the department to confirm in writing that it will adhere to the payment schedule as originally communicated to schools. “Should the Free State Education Department allege that a lawful decision has already been taken to centralise procurement or withhold LTSM allocations FEDSAS requires access to all relevant documentation within 24 hours.”

Every year FEDSAS points out issues with the payments of the resource allocations. One by one, schools buckle under the enormous financial pressure that result from late or non-payments. Bigger classes, fewer educators, and insufficient learning material eventually infringe on learners’ right to education.

“This actively undermines the law. In the recent Swartruggens matter, FEDSAS requested the court to prevent unlawful departmental interference by the North-West Education Department. If necessary, we will do the same in the Free State. Provincial education departments must act with the confines of the Schools’ Act and follow the procedures prescribed by law.”