Equal Education (EE) and the Equal Education Law Centre (EELC) appealed the judgement on the Western Cape Schools Amendment Act (collaboration schools) issued on 17 July 2023.
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The EE stated that it challenged the outcome in the interest of learners and school communities to ‘protect education as a public good, and to uphold the democratic nature of school governance.’
The organisation first brought in the case in 2019 to challenge specific conditions in the Western Cape Provincial Schools Education Amendment Act 4 of 2018 that introduced collaboration schools, donor-funded schools and intervention facilities for learners found guilty of serious misconduct in the provincial education system.
‘Although the court did not find in our favour, we still believe the law around these institutions is vague, inconsistent with the Constitution, and in conflict with the South African Schools Act (SASA),’ it said in a statement.
The organisation further states that one of its principal concerns and arguments pertains to the governance models for these novel school types, which essentially deprive parents of their voting rights on school governing bodies (SGB).
‘We are concerned that handing over up to half (50%) of voting rights on an SGB to private actors under contract with the Western Cape Education Department undermines section 23(9) of the South African Schools Act, which states that parents must make up the majority of members on SGBs (‘parental majority rule’).
‘The Amendment Act fails to safeguard this provision. Instead, it prioritises the voices of private actors, potentially diluting the voices, knowledge and experience of those parents, teachers and community members who have a vested interest in the operations of their schools.’
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EE adds that it is also concerned about the ‘harsh nature’ of removing a learner from the formal education system, potentially from their family and community, for up to one year.
The organisation states that although facilities will provide ‘therapeutic programmes’ and intervention strategies, the Amendment Act fails to consider a range of factors that could contribute to behavioural difficulties in learners. This includes the school environment and circumstances at home and in their communities.
‘Efforts to address behavioural issues in children must be holistic without compromising their well-being and best interests,’ it stated. ‘In-school interventions should be prioritised in addressing learner misconduct instead of removing a learner from their family or community environment.
‘We are confident that there are compelling reasons for an appeal. Most importantly, our application raises pertinent questions regarding the permissible extent of provincial regulation of basic education, the involvement of private actors in the governance of public schools, and the use of “novel” disciplinary measures arising from learners’ misconduct.’
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