Dilapidated public school infrastructure can be found across the country, but the problem is particularly acute in the Eastern Cape where the majority of the so called ‘mud schools’ are located. On 04 February 2011, following court action on the issue of mud schools, the Legal Resources Centre, acting on behalf of 7 schools and the Centre for Child Law, concluded a landmark settlement with the National Department of Basic Education in which the Department committed to spend R8.2 billion from 1 April 2011 to 1 March 2014 to eradicate mud schools and improve infrastructure of schools throughout South Africa. The Centre for Child Law commissioned Cornerstone Economic Research, to track school infrastructure spending and delivery. The aim of the research was to assess what progress has been made in addressing the issues that brought about the litigation. This study, amongst other things, makes the concerning finding that the Department has woefully underspent the allocated school infrastructure funding for two years running. The target for the number of schools to be built in 2011/2012 and 2012/2013 was 49. However, only 10 schools had been completed at the end of the first year.