The DG Murray Trust has launched a court application to compel mobile network operator MTN to zero-rate the local educational websites of public benefit organisations that have been officially approved, but not actioned.

According to a 2016 survey conducted by the South African Development Council, close to 60% of families have no books in their homes other than religious texts and by 2018, only 10% of people said they had internet at home. Yet most children in informal settlements and rural areas have access to a feature phone, albeit with limited connectivity. While wealthier schools have developed online learning platforms, these most children in South Africa cannot access them.

However, there are at least 50 public benefit organisations (PBOs) that aim to reach the poorest children with learning resources, books, stories, language and maths. Many have designed their digital content to reach children and young people living in the poorest communities, delivered in bite-sized chunks and supported by SMS or basic chat functions. These PBOs include Nal’ibali, FunDza, Funda Wande and SmartStart.

The Department of Basic Education approved a list of 39 PBO websites on 8 May 2020 and, until last week, only Telkom and other fixed line operators had zero-rated the PBO sites. Vodacom has now started to comply, and as of Monday 14 July 2020, had zero-rated 19 of the PBO sites.

The Department of Basic Education has been listed as a second respondent. No relief is sought from it unless it turns out to be true that network operators have been instructed to prioritise the websites of schools over public benefit organisations, in which case DGMT will request an order to set aside that instruction.

The Department of Communication and Digital Technologies is listed as third respondent because of its oversight role, but no relief is sought from it.

Dunster Attorneys Inc, acting on behalf of DGMT, have applied to the Western Cape High Court for the case to be heard on 3 August 2020.