Thousands of pupils from across the Eastern Cape could be denied their only meal of the day if the East London high court grants a motion calling for the closure of non-compliant school kitchens.
The provincial education department has warned that 222,458 pupils will be affected if the motion applied for by the NPO, Constitutional Justice for Africa, is granted.
The department also contends the application is irrelevant because it had already begun taking action to ensure all kitchens were compliant before it was filed.
Education department head Sharon Maasdorp filed an affidavit opposing the NPO’s application.
She said a service provider employed by the department — before the court action — had made a presentation about the needs of wholesale kitchen compliance, as required by municipal bylaws.
To be compliant, school kitchens must have a certificate of acceptability (COA) along with compliance certificates for gas, electricity and water use to ensure safety standards are met.
A Volunteer Food Handlers certificate is also needed. These certificates are issued by municipalities after the facilities have been inspected.
It was reported earlier that just one of the 712 schools in the National School Nutrition Programme in the Buffalo City Metro and Amathole West district had the required food safety certificates.
Maasdorp asked the court to accept that events had overtaken the application by the NPO.
She also said the NPO’s court application should have been made as a last resort, and that it would have been better for the department and the NPO “instead [to] work together towards the attainment of the compliant goal set by the department”.
Responding to this, Constitutional Justice executive manager Arnold Ross said a meeting convened with the department’s legal team on Monday last week was “astonishing” since it brought a junior intern to present the department’s case.
“This pattern of conduct is not only dismissive, but emblematic of bad faith ...
“Such conduct is an abuse of process, inconsistent with the duty of organs of state to act in a manner that is fair, transparent and directed at the expeditious resolution of disputes.”
Arnold said Maasdorp’s comments about the department’s plans “do not alter the present reality”.
“Food continues to be prepared and served at uncertified school premises. The overwhelming majority remain uncertified ...”
Besides, he said, a court judgment would have the practical effect of preventing the unlawful conduct immediately instead of at some future date.
Constitutional Justice’s attorney, Eddie Scheun, said on Thursday that both parties were finalising their heads of argument, and the NPO would apply for a hearing date next week.
After an earlier report that only one school in the area was compliant, the DA tabled a successful motion in the provincial legislature compelling the department to inspect all school kitchens at state schools to ensure they were safe to prepare food.
DA MPL Horatio Hendricks said no progress had been made.
“Instead of taking accountability, the department has made little to no concerted effort to improve the overall compliance of school infrastructure, particularly in relation to kitchen safety.”
Buffalo City Metro spokesperson Bongani Fuzile said earlier that many BCM school kitchens “did not always comply with the regulations and are unable to acquire certificates of acceptability”.
Daily Dispatch
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