How deadly scholar transport crashes reveal systemic failures in South Africa

The South African Human Rights Commission (SAHRC) has called for immediate, coordinated reform of the country’s scholar transport system after two devastating accidents on the same day left 12 children dead in Vanderbijlpark and nine others injured in Pinetown.

The Commission said the tragedies “underscore the systemic failures in the provision of scholar transport” and warned that unsafe transport not only undermines the right to basic education but also places learners’ lives in danger.

The Vanderbijlpark crash occurred when a scholar transport minibus collided with a truck, killing 12 children. In a separate incident near Sarnia Primary School in Pinetown, west of Durban, the driver of a scholar transport vehicle lost control and crashed into a tree, injuring nine learners.

The SAHRC extended its condolences, saying it “expresses its deepest condolences to the families, learners, educators, and communities affected by the tragic scholar transport accident in Vanderbijlpark.”

It also welcomed the decision to charge the Vanderbijlpark driver, stating it “commends the authorities for charging the driver in the hope that it will lead to truth-finding and consequence management.”

According to the Commission, the two crashes occurred on the same day it released its Final Inquiry Report on Scholar Transport in the North West Province.

That report found widespread safety risks and governance failures that continue to compromise learners’ rights to education, dignity, equality and safety.

The inquiry revealed that unroadworthy and unsafe vehicles are routinely used, often with mechanical defects, expired licence discs, fuel leaks and inadequate safety features.

It also found that chronic overcrowding and multiple-trip operations leave learners exhausted, late for school and missing lessons. Learners with disabilities are frequently excluded because vehicles are not accessible, while weak enforcement and poor monitoring allow non-compliant operators to continue working.

“Reliable and safe access to scholar transportation is indispensable to the realisation of the right to basic education,” the SAHRC said.

The Commission pointed to earlier court action showing the depth of the crisis. In December 2024, the High Court in Makhanda ruled that the Eastern Cape Departments of Education and Transport had acted unconstitutionally by failing to provide scholar transport to qualifying learners.

The court ordered transport for about 40,000 learners for the 2025 school year and relied in part on a 2014 SAHRC investigation into structural dysfunction in the system.

“The Vanderbijlpark and Pinetown accidents tragically illustrate the consequences of these systemic failures,” the Commission said.

“It is a stark reminder that scholar transport, when unsafe and unreliable, not only undermines the constitutional right to basic education but also endangers learners’ lives.”

The SAHRC reiterated that the Departments of Education, Community Safety and Transport Management must urgently strengthen vehicle inspections, enforce compliance and ensure continuous monitoring of operators.

It also called for policies to be reviewed to properly include children with disabilities, improve driver vetting, establish clear emergency protocols and regulate private transport providers, while ensuring departments fully understand national policy and their respective roles.

The Commission urged swift, coordinated action.

“The SAHRC calls for decisive, coordinated, and time-bound reform to ensure that every learner, especially those from impoverished communities, can access safe, reliable, and dignified scholar transport,” the Commission said, adding that safe transport is essential for the right to education to be realised.

The Commission said it will engage the national Departments of Education and Transport and other stakeholders “to discuss ways to prevent further tragedies.”

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