24 April 2025 

Joint media alert: Equal Education and the Equal Education Law Centre in court today to challenge the constitutionality of the learner admission policy of the Western Cape

#SofundaSonke

Today, Equal Education (EE) and the Equal Education Law Centre (EELC) will appear in the Western Cape High Court for Part B of our legal case against the Western Cape Education Department (WCED). The case focuses on the WCED’s systemic failure to timeously place learners who apply late – an issue that continues to deny children, particularly in the Metro East Education district,  their constitutional right to education. We will be asking the court to declare the WCED’s failure to timeously place late applicant learners in schools unconstitutional and in violation of their rights to dignity and equality among others.

This challenge follows years of advocacy and a previous court order (Part A) which required the WCED to place all out-of-school learners. While the WCED introduced temporary measures like admission pop-up  stations and Standard Operating Procedures for the processing of late applications in the Western Cape, these efforts have not resolved the deeper systemic issues impacting late applicant learners.

EE and the EELC are now seeking a court declaration that the WCED’s handling of late applications is unconstitutional and discriminatory. We argue that the current learner admission policy in the province disproportionately affects learners based on poverty, race, place of birth, and social origin, leaving many out of school indefinitely with no clear plan forward.

This case is about ensuring every child, regardless of when or how they apply, can access their right to education. The Constitution demands no less. #SofundaSonke 

Read our full statement here.

EE Parent members will be picketing outside of the Western Cape High Court before the start of the court proceedings. 

When: Thursday 24 April 2025 

Time: 8:45am 

Where: Western Cape High Court, Keerom Street, Cape Town

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To arrange a media interview, contact: 

  • Jay-Dee Booysen (Equal Education Law Centre Media and Communications Specialist) jay-dee@eelawcentre.org.za or 082 924 1352
  • Ayanda Sishi Wigzell  (Equal Education Communications Manager) ayanda@equaleducation.org.za or 076 879 3017