Public interest law centre Section27 and the Equal Education Law Centre (EELC), representing Equal Education (EE) and the Limpopo school governing bodies, have threatened the Department of Basic Education (DBE) with legal action if it fails to roll out the National School Nutrition Programme (NSNP) to all eligible learners when schools reopen, as it had previously promised. 

The programme usually benefits some nine-million learners across South Africa with daily meals and the organisations have pointed out that the DBE has failed to make up for this during the Covid-19 pandemic, when schools were closed.

The department had stated it would feed all learners, including those who were not yet returning to school, from June 1 – the original date learners were supposed to have returned to school – but in a briefing on Monday, Basic Education Minister Angie Motshekga seemed to back track when announcing the new June 8 date for schools reopening.

“We would have wished also even to provide nutrition for grades that we have not phased in. But I had requested the sector and the MEC[s] to say maybe we need to wait a little. Get ourselves to acclimatise to the new environment, manage that which we are still struggling to get right before we can introduce new programmes…” she said.

Section27, the EELC and EE have written to the DBE, stating its rejection of the department’s reversal on its commitment, saying it was irrational, unreasonable and unlawful.

“The proposed suspension of the NSNP is a regressive measure in violation of various rights enshrined in the Constitution, including the rights of learners to basic nutrition as provided for in section 28(1)(c) of the Constitution. If the DBE fails to reinstate the NSNP, we will consider instituting legal action,” they said.

The trio explained that not only was the NSNP a ‘new programme’, but it ordinarily benefited 9-million learners across the country who were now severely prejudiced as a result of the halting of school feeding programme. 

They further explained that the DBE’s own Covid-19 standard operating procedures refence food preparation safety and add that if these standards are met the NSNP can open for all learners.

Learners affiliated with EE have spoken out about not being able to access their daily meals through the NSNP and have shared the stresses they and their families are enduring during the pandemic, especially when it comes to access to food.

An Eastern Cape learner said, “It's a struggle for me and my family as we don't have enough food to sustain us throughout the lockdown, even for a single month because we are depending on one source of income (my father)... it's physically exhausting and emotionally draining to stay hungry most of the time, because we also can't get any food parcels as they clearly stated that [food parcels are] for those without any source of income at all, including those who depend on Sassa.”

The organisations reiterated the DBE’s plans for provinces to develop and implement food programmes for learners when schools reopen.

“Some provinces have made strides in that direction - the Eastern Cape, Gauteng and the Western Cape have considered options for the reinstatement of the NSNP when schools reopen. The DBE and some provincial departments have recognised, therefore, the importance and appropriateness of feeding learners in this time, regardless of whether their school-based learning has recommenced, and have established ways to do so safely,” they noted.

They further pointed out that government has been, for a long time, highlighting the link between the NSNP and improved learner outcomes and said, therefore, learner hunger or malnutrition during Covid-19 cannot continue.