Staff Reporter
The KwaZulu-Natal education department will press on with its R2.5 billion school nutrition programme after the Pietermaritzburg High Court struck off the roll an urgent bid by service providers to halt the awarding of contracts.
The programme provides meals to about 2.5 million learners a day in KwaZulu-Natal.
The court ruled in its favour on Friday and ordered the applicants to pay costs, allowing the programme to continue, while any remaining administrative and operational issues are dealt with through due process.
“This outcome means the Department can continue implementing the programme without disruption, while allowing space for due process to be followed in addressing any outstanding administrative or operational matters,” the department said in a statement.
The urgent application was brought by a group of service providers seeking to interdict the tender rollout. They argued that if the department were allowed to proceed with appeals currently pending with the provincial treasury, unsuccessful bidders would be prejudiced and left without recourse.
In their court papers, the applicants also raised allegations of corruption and irregularities in the tender process. These included claims involving a company linked to the mother of Education MEC Sipho Hlomuka, companies allegedly tied to politically connected individuals, and assertions that some firms were registered after the tender closed but still received contracts.
The department, in a replying affidavit by its director for nutrition, Thanduxolo Cele, said the application was flawed because it sought to stop the entire process, including clusters where there were no disputes.
Following Friday’s ruling, the department sought to reassure schools and families that the feeding scheme would continue uninterrupted.
“We must reassure all stakeholders — learners, parents, and schools — that working together with committed service providers, the School Nutrition Programme remains fully operational across the province,” the statement said.
“We remain firmly committed to ensuring that there are no interruptions to the programme and learners continue to receive nutritious meals daily.”
The department said there were “ongoing constructive engagements with all stakeholders” to ensure the programme functioned optimally and that it was already taking steps to tighten monitoring, improve procurement and payment efficiency, ensure accountability, and make sure service providers were paid on time.
“While the matter has been struck off the roll, our priority remains unchanged—ensuring that no learner goes hungry. We will continue to strengthen the implementation of the School Nutrition Programme and address any challenges with urgency and transparency,” Hlomuka said.
The department said it remained committed to adhering to procurement rules and regulations in delivering the programme as a vital support to teaching and learning.
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