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Court orders Gauteng Education Department to place 65 pupils in school after Usindiso fire

Court orders Gauteng Education Department to place 65 pupils in school after Usindiso fire
Michelle Banda
By Michelle Banda
27 Nov 2024
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The ruling to place the pupils in public schools within 30 days ensures that the children, many of whom have been out of school for 15 months, can begin the 2025 academic year with tailored support plans.

The Johannesburg High Court has ruled in favour of Equal Education (EE), compelling the Gauteng Department of Education (GDE) to place 65 pupils displaced by the devastating Usindiso Building fire into public schools within the next 30 days. The judgment aims to address the prolonged disruption to the education of children who survived the fire in Johannesburg’s Marshalltown district in August 2023.

In July 2024, Daily Maverick reported that at least 20 children from the Shalazi informal settlement in Denver had not attended school since the fire. EE later tracked down an additional 45 displaced pupils in Johannesburg’s inner city, bringing the total to 65 – though this number may rise as more survivors are identified.

Read more:Young survivors of Usindiso fire still unplaced in schools — despite government commitments

The court heard Part A of the urgent application filed by EE on 31 October 2024. It sought to:


  1. Declare the GDE’s failure to place pupils unconstitutional; and

  2. Mandate the department to place the pupils in schools with appropriate academic catch-up and psychosocial support plans.


The GDE had not opposed the application, although its lawyer, advocate Lehlohonolo Maphelela, argued for a 90-day timeline to complete placements, citing logistical challenges. However, EE’s counsel, Dani Smit, countered that 30 days was already a considerable delay for children who had missed 15 months of education.

Court order


The court ordered:

  1. The GDE must place the pupils in grade-appropriate public schools within the Johannesburg East Education District by the start of the 2025 school year;

  2. EE is required to provide the department with the names, previous school details, grades and current addresses of the affected pupils:

  3. The GDE must develop and implement academic catch-up plans and individualised support plans (ISPs) within 20 days of the school year’s commencement; and

  4. Pupils will undergo assessments to determine their academic and psychosocial needs, as outlined in the Department of Basic Education’s Screening, Identification, Assessment and Support Policy.


Additionally, the department is to file a progress report within 60 days of the start of the 2025 school year, explaining any delays in placements or the development of ISPs and catch-up plans.

Read more: Lest we forget: lessons unlearned, actions undone one year after the deadly Marshalltown fire

Given that placements have already been done for the upcoming academic year, Yolisa Piliso, an attorney with the Equal Education Law Centre, told the publication that the pupils are to be placed using a special dispensation. 

Next steps


The pupils’ displacement highlights systemic failures in providing timely access to education during emergencies.

EE’s application also includes a broader challenge (Part B), seeking to advance early learning as a constitutional right and address shortcomings in provincial and national admission policies. The hearing date for Part B is yet to be confirmed.

The Gauteng Department of Education was asked for comment but had not responded by the time of publication. DM

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