LEGAL ISSUES Getting to school and the right to basic education Dr Siyabulela Fobosi eographically, South Africa is Learners’ access to school transport a vast country. Its history and during the Covid-19 pandemic Gthe fact that many learners live emerged as a concern for Dr in deeply rural areas mean that many Siyabulela Fobosi, senior researcher children have to travel long distances and acting head of the UNESCO to get to school. As a result, learners’ Oliver Tambo Chair of Human Rights access to scholar transport is critical in the Faculty of Law. During the early to their ability to access education. lockdowns, schools were closed. As Dr Siyabulela Fobosi The National Land Transport Policy restrictions eased, schools reopened (NLTP) was created in conjunction with and the matter of transport became the Department of Basic Education important. Unlike other countries in and several stakeholders in order to the developed world, South Africa address concerns related to the ability was not necessarily able to implement of learners to access safe transport to some of the measures used to limit school. The policy establishes minimal infection adopted in richer countries. norms and requirements for the In some countries, occupancy of provision of learner transportation. vehicles was reduced and regular Responsibility for scholar transport cleaning schedules were introduced. is divided between provincial and In Norway, the recommendation was national departments of education. that learners should avoid school Learners deemed to be in need of transport and families should rather transportation are identified by the use their own vehicles to convey provincial education department. children to school. Needy learners in Grades R and Dr Fobosi’s concern with access to One are prioritised . Students with transport, and thus to basic education, disabilities must be transported and led him to conduct a study based on the policy provides for no provision a rights-based approach in order to for carrying learners to school in areas investigate access to school transport where public services are available. in the Amathole West district in the Unfortunately, the implementation Eastern Cape. The study drew on a of the policy has been delayed due survey as well as observations and to issues related to finance and the documentary research. Participants allocation of accountability. in the study included eight educators and 160 learners from two primary 65 | University of Fort Hare