10 March 2025
Statement: The Equal Education Law Centre in the Supreme Court of Appeal in on-going battle with the Western Cape Education Department for access to information on resource allocation in Western Cape schools
Tomorrow, 11 March 2025, the Equal Education Law Centre (EELC) will appear before the Supreme Court of Appeal (SCA) to seek confirmation of an order previously granted by the Western Cape High Court in September 2023. The order, which compels the Western Cape Education Department (WCED) to disclose information regarding the allocation of resources across Western Cape schools, is a critical step in the EELC’s ongoing fight for transparency and accountability in the province’s education system.
Part of what we asked from the court was that the WCED provide us with a complete record of information relating to, among other things, the allocation of resources in the Metro East Education District, school capacity in the Metro East Education District, and a report of an investigation they allege to have undertaken regarding the failure to place the learners. This information is important because it will help the court to make a decision on the WCED’s systemic issues and continued failures in placing learners.
The order granted by the Western Cape High Court formed part of the EELC’s 2022 school admissions matter which, in Part A, secured a school place for more than 220 learners in the Metro East Education District.
Part B of the review application, which seeks to address the WCED’s, longstanding failure to fulfil its statutory and constitutional duty to ensure there are enough school places for every child applying to schools in the Metro East Education District, has been delayed due to this on-going fight for information.
The WCED appeals the order on several grounds including that the information sought by the EELC is irrelevant to the review relief, that the review relief is moot, and that the WCED and Metro East Education District, do not make decisions regarding the placement of learners.
Background
At the beginning of 2022, the EELC was approached by a group of parents whose children needed school places, particularly in Khayelitsha and Kraaifontein. These parents were turned away by schools telling them they were oversubscribed (full) and were again turned away by Metro East Education District officials stating that schools were full, and they must rather apply for places for the following year. After weeks of failed engagements with the Metro East Education District and the WCED, the EELC and parents, as a last resort, approached the court on an urgent basis for the immediate placement of the seven learners.
The EELC knew that the challenge faced by the seven learners is widespread and that there may be hundreds of other learners in the Metro East Education District who were similarly placed. The EELC sought an order to bring about systemic change, to determine the number of unplaced learners within the District, allowing an opportunity for those similarly placed, to go to the District for assistance with finding school placement.
High Court
On 3 June 2022, the Western Cape High Court ordered the WCED to immediately place the seven learners, as well as other unplaced learners in the Metro East Education District, in schools and to provide catch-up plans and remedial support.
In Part B of the review application, the EELC seeks relief that will assist in addressing this problem in the Metro East Education District. This includes, holding MEC David Maynier accountable for the on-going failure to comply with his statutory and constitutional duty to ensure the availability of sufficient school places for every learner that lives in the Western Cape, including ‘late applicant’ learners, as well as to have the failure to take a decision on the placement of the seven learners in 2022 declared unconstitutional and unlawful.
In preparation for the court proceedings in Part B, the WCED had to provide a complete record of information and documents, as well as reasons.
On 19 April 2023, the EELC had to go back to court to secure an order stating that the WCED provide a complete record of information. Following strong opposition in court from the WCED, on 8 May 2023, they were ordered to provide the EELC with this information within 10 days. The court noted that, “only the record sought [by the EELC] can shed light on what transpired”.
The WCED was granted leave to appeal the Western Cape High Court’s decision in September 2023.
The EELC is extremely concerned about the WCED’s continued refusal to provide information, which we believe should be publicly available. It is our hope that the order is confirmed by the SCA to ensure that the WCED acts openly in accordance with its constitutional obligations.
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For more information contact:
Jay-Dee Booysen (Equal Education Law Centre Media and Communications Specialist) jay-dee@eelawcentre.org.za or 082 924 1352
