COURT ORDERS FREE EDUCATION

THE ministry of education has still not been briefed about a high court ruling in favour of free education in public schools at primary level.

However the minister has assured that he will respect the court ruling.
Minister Wilson Ntshangase has refused to comment on the free education ruling issued by the High Court yesterday until he was briefed.
Nevertheless, he indicated that the ministry would not defy any court rulings, though he made no further elaborations in this particular case.
The High Court has declared that every Swazi child of whatever grade attending public primary school is entitled to education free of charge.
However, government attorneys have since indicated that they were still going take instructions from the Ministry of Education and Training whether to appeal or not.
In her judgement yesterday, Judge Mabel Agyemang said such education should be at no cost and not requiring any contribution from the child regarding tuition, supply of textbooks and all inputs that ensure access to free education.
"And that the said right accrued during the course of the period of three years following the coming into force of the constitution," she ruled.
"I further make a declaration that the third respondent, being the government of Swaziland has the constitutional obligation to provide education free of charge, at no cost, to every child so entitled."
The judge awarded costs to the Swaziland National Ex-miners Association (first applicant) and Cebisamadoda Nxumalo (second applicant) at the ordinary scale.
The ex-miners association had brought at the High Court for an order calling upon the Minister of Education and Training Wilson Future Ntshangase (first respondent), Prime Minister Dr. Sibusiso Barnabas Dlamini (second respondent) and government to show cause why they should not be ordered to make free education in public schools available for every Swazi child.
The association cited Section 29 (6) read together with Section 60 (8) of the country's constitution Act 001 of 2005.
Government has also been called upon to show cause it should not make available education policy in so far as the implementation of the constitutional requirement under the above-mentioned Section for scrutiny, so as to determine its compliance with constitutional obligation.
Justice Agyemang said the constitutional obligation on government to provide free education in the public primary school was directed at every Swazi child attending a primary school whatever the grade and not otherwise.
The judge found that the constitutional obligation placed upon government to provide free primary education was to do so at no cost or charge to the children so entitled.
"I must be quick to clarify-by reason of a passing comment made by learned counsel for the applicants, that the provision of free education does not of essence include the provision of school uniforms," she stated.
"It however not doubt, includes tuition at no cost, provision of textbooks (which on the showing of the first respondent, has already been done), exercise books, and stationery, and I so hold."
"It seems to me that Section (29) (6), which begins with 'Every Swazi child' and ends with 'beginning with the first grade', could only have been meant to be read as a continuing thought expressed in a single unbroken sentence.
"In my judgement, the said expression can only mean that Every Swazi child will be entitled to free education and that such free education will commence as soon as the child enters the first grade.
"This would mean that all Swazi children who were already in school at the commencement of implementation would be entitled to free education and that such would include children in the first grade.
"For clarity, I will add that regarding children who would come in thereafter, the provision of free education would commence when they entered Grade On and not at preschool."
Appearing for government was Mndeni Vilakati while Thulani Maseko represented the association.

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