Equal Education made ‘constitutional alchemy’ with school infrastructure case, says former LRC lawyer

Equal Education’s norms and standards case is a prime example of how social movements can use the law in the struggle for social justice, according to advocate Jason Brickhill, the keynote speaker of the first Yoliswa Dwane Public Lecture.

Dwane, a founding member of Equal Education, died of cancer last year.

Brickhill, the director of litigation at Socio-Economic Rights Institute of South Africa, reflected on Dwane’s legacy and the relationship between activism, law, and social justice, at the event held at the University of Cape Town on 24 February.

Brickhill talked about his work with Dwane in the early stages of Equal Education’s life as a movement, when he worked for the Legal Resources Centre (LRC). Equal Education’s flagship campaign at the time was for the introduction of norms and standards for school infrastructure, and the LRC initially represented Equal Education in this matter.

Brickhill said that Equal Education stands out as an exceptionally difficult client — in the best way. “The Equal Education people on the case would engage in every detail, weigh up every strategy and debate. This made the work charged and stimulating, produced carefully crafted court papers, and coherent messaging inside and outside the courtroom.”

Brickhill said that Equal Education engaged in many forms of advocacy and protest for the norms and standards campaign, including extensive letters, petitions, and marches, before resorting to litigation. Finally, in 2012, Equal Education took the Minister of Education, Angie Motshekga to court.

“Yoliswa played a leading role and she ultimately deposed to the founding affidavit on behalf of Equal Education. I remember her during that norms and standards time being direct, decisive, and straightforward.”

Brickhill remembered the “remarkable effort by Equal Education and the LRC” given to build the evidence and prepare the founding papers for the norms and standards litigation. “Teams visited schools across the country to gather evidence of the conditions and for learners at those schools to explain in their words how those conditions affected their learning and lives,” he said.

“The founding affidavit painted a stark and detailed picture of the conditions of the schools. It was a devastating and unanswerable account of the conditions in which learning and teaching were taking place. Of mud school structures and missing roofs, unstable walls and classrooms without windows, of schools without water, electricity, toilets, libraries, laboratories, or fences,” he said.