Children’s inalienable rights of access to basic nutrition in South African public schools during the COVID-19 pandemic

The National School Nutrition Programme (NSNP) is one of the government’s social justice and equity initiatives to provide learners in poor schools with nutritious meals that will enable them to progress academically. The programme is funded from the Conditional Grant managed by National Treasury. However, during the COVID-19 pandemic in 2020, schools closed intermittently, and government suspended the NSNP indefinitely. The Minister of Education announced that when schools reopen, the NSNP will be restored. Conditions over time improved and schools reopened. However, the Department of Basic Education (DBE) reneged on their promise to reinstate the NSNP. This sparked public outcry. Interest groups such as Equal Education, Equal Education Law Centre, and SECTION27 took the Minister of Education to court for violating the constitutional and statutory duties. The outcome of this case had dire consequences for all stakeholders. Using qualitative research within an interpretivist paradigm, we critically analyse the court case between Education Law Centre and Others. The Minister of Education. We also undertake an empirical study in Mpumalanga and Limpopo provinces. Six school leaders (five principals and one deputy principal) are interviewed to determine their experiences and perceptions of measures taken when NSNP was suspended during the COVID-19 pandemic. Three themes emerge, namely the ramifications of COVID-19 on poor parents and children: the schools’ inability to provide nutritious meals to children, and creative ways to help needy children from malnutrition and starvation. Findings reveal that some schools were unable to feed learners, due to financial constraints and lack of capacity, while others found innovative ways to provide learners with nutritious meals