The Western Cape Department of Education welcomed the Court of Appeal's decision to dismiss appeals lodged by the organizations Equal Education and the South African teachers' union Sadtu against the provisions of the provincial school education amendment act.
The Minister of Education for the Western Cape, Jaco Londt, stated that the department insists on the legality, constitutionality, and clear direction of the educational reforms in ensuring the best interests of learners.
The court upheld a previous ruling by the Western Cape High Court from 2023, which confirmed the legality of legislative provisions concerning collaborative schools, donor-funded schools, intervention facilities, and the Western Cape School Evaluation Authority (WCSEA).
Londt noted: 'We are pleased that the Court of Appeal has now affirmed this position. The court recognized that the right to basic education and the best interests of learners lie at the heart of these issues, and found no grounds to overturn the provisions challenged by the appellants.'
Equal Education argued that the Western Cape provincial school education amendment act does not guarantee the representation of learners and parents on school management committees. Furthermore, it pointed out that the act does not establish sufficient criteria for converting a public school into a collaborative or donor-funded school.
Sadtu contended that the amended provincial legislation contradicts certain provisions of the South African Education Act governing the composition of School Governing Bodies (SGBs). Sadtu also considered the contested provisions irrational and vague because they do not properly define a suitable donor and operational partner to be included in the SGB.
Londt reported that the court's decision confirmed the possibility of collaborative and donor-funded schools operating within the existing legal framework, while simultaneously recognizing the positive role of WCSEA in supporting educational quality and accountability. According to Londt, the court acknowledged the purpose of intervention facilities, noting that they are intended to support learners found guilty of serious misconduct to prevent unnecessary exclusion, address behavioural issues, and help learners successfully return to their schools.
He added: 'We believe this decision provides important certainty for schools, parents, educators, and learners.'
In its ruling, Acting Judge Bossey Henry Mba stated that the question of any conflict between the contested provisions of the Act and various 'rules' does not arise. Mba also emphasized that the High Court correctly established that while collaborative and donor-funded schools are not ordinary public schools, this does not mean they are not public schools.
The secretary of the Sadtu provincial committee, Sibongile Khwazi, reported that their legal team is reviewing the decision. Khwazi stated: 'Of course, we are disappointed with the outcome. We can only comment after they provide us with guidance.'
No comments were received from Equal Education regarding the deadline.