Western Cape Provincial Schools Education Amendment Act

Western Cape Provincial Schools Education Amendment Act

In November 2018, the Western Cape Provincial Legislature passed the Western Cape Provincial School Education Amendment Act 4 of 2018. It amended the Provincial Act in several material respects, the first of which was the introduction of two new types of public schools: Collaboration Schools and Donor-Funded Schools.

In addition, under this amendment, the Provincial Minister established so-called “intervention facilities” for learners found guilty of serious misconduct.

In July 2019, the Equal Education Law Centre filed papers on behalf of Equal Education in the Western Cape High Court, specifically challenging the introduction of these three new institutions into the Western Cape’s basic education landscape.

Collaboration Schools and Donor-Funded Schools

Collaboration Schools and Donor-Funded Schools introduce private actors into public education and allow them to hold voting positions and, in some cases, a controlling role on school governing bodies (SGBs). This marks a fundamental departure from the governance model established under the South African Schools Act, where parents are guaranteed a controlling stake in school governance.

The provisions relating to Collaboration Schools and Donor-Funded Schools in the amendment act are being challenged on the grounds that they are vague, inconsistent with the Constitution, and in conflict with the South African Schools Act.

Intervention Facilities

The creation of intervention facilities strikes at the heart of access to public schools. These provisions allow children to be removed from public schools and referred, for an entire year, to institutions established solely for learners who have committed disciplinary infractions. In doing so, they risk a return to an outdated model of residential care for children.

The provisions authorising intervention facilities not only subject learners in the Western Cape to prolonged disciplinary interventions but are also overly broad and vague, offering little to no guidance on the establishment and operation of these centres. As a result, they impose unreasonable and unjustified limitations on the rights of learners.

Current status:

The case was first heard in the Western Cape High Court on 2 and 3 November 2022. On 17 July 2023, the Court delivered its judgement, dismissing Equal Education’s application.

Equal Education then took the matter on appeal to the Supreme Court of Appeal. That hearing took place on 9 December 2025, where Equal Education challenged the High Court’s ruling in full. The judgement from the Supreme Court of Appeal has not yet been handed down.

Click below to view relevant materials:

Western Cape Provincial Education Amendment Bill

2018 Western Cape Provincial School Education Amendment Bill

Court Papers

Advocacy Material

Media