The National School Nutrition Programme Service Providers Association has instructed its lawyers to start a legal process to force the KwaZulu-Natal Department of Education to pay its members outstanding money dating back last year. 

The demand for payments is contained in a letter the association’s legal team, from Austen Smith law firm, wrote to the department.

The letter in possession of African Times was written on 5 February 2025.

The legal team said in the letter a directive issued in July 2024 to pay all outstanding monies to suffocating service providers has been breached. It added that it wants the provincial education department to immediately addressed the problem.

“We refer to your Department’s Media Statement dated 26 January 2025 advising of payments to be made to the various service providers, with said payments to reflect by the 28th of January 2025.

“Whilst a number of our Client members have in fact been paid as per your Statement, they remain concerned with the continued delays with respect to the payment of their outstanding invoices as your Department had issued a KZN NSNP Circular No. 83 of 2024 on 22 July 2024 issuing directives on the administration of payments for the KZN National School Nutrition Programme, which directives have been repeatedly breached and continue to be breached by your Department.

“As the issue of the Circular was already done as a unilateral amendment of the SLA’s agreed upon by the Parties at the commencement of the programme, our Clients expected your strict adherence to same, as delays in payments often result in severe prejudice to our Clients who are in turn obliged to continue providing the agreed upon services despite non-payment,” read part of the association’s lawyer’s letter to the department. 

Through its legal team, the association also said its members should be allowed to exercise their option for the renewal of the current contract for a further two years as provided for in their service level agreements (SLA) and letters of appointment. 

The KwaZulu-Natal Department of Education was given seven to respond to the demands or be dragged to court. It is understood that it did not respond.

It is understood that the department led by MEC Sipho Hlomuka is broke, hence it is unable to pay the service providers. 

Hlomuka’s spokesperson,Mlungisi Mtshali, did not respond when he was asked about the letter.