SCA overturns ruling on unplaced learner case

THE Supreme Court of Appeal (SCA) has overturned a ruling that ordered the Western Cape Education Department to hand over more detailed records in a case about out-of-school learners in the Metro East district - a matter that also challenged the department's handling of late applications and alleged systemic discrimination.

- NICOLA DANIELS

The Equal Education Law Centre (EELC) brought the case to the High Court, seeking both urgent relief for unplaced learners and broader systemic accountability from the department. While the urgent part of the application fell away after the affected learners were eventually placed, the second part challenged the department's failure to address late applications and alleged that its conduct unfairly discriminated against learners. Part B sought various forms of review, declaratory and mandatory relief.

Acting judge Pitso Ephraim Molitsoane ruled: "At no stage had EELC sought to amend its notice of motion to align with the broader averments made in its supporting affidavit. When the high court dealt with the rule 30A application (sought an order compelling the Department to file with the Registrar and EELC, 'a complete record containing all documents and all electronic records), the relief sought remained confined to the review of alleged failures or refusals by the Department in respect of the 2022 academic year.