EQUAL EDUCATION CHALLENGES WC SCHOOL LEGISLATION

Concerns over donor-funded institutions

- GENEVIEVE SERRA

EQUAL Education (EE), through the Equal Education Law Centre (EELC), has appealed the Western Cape High Court's decision to the Supreme Court of Appeal (SCA).

The appeal challenges the constitutional validity of the Western Cape Provincial School Education Amendment Act 4, specifically addressing issues related to collaboration schools, donor-funded schools, and intervention facilities.

EE and EELC said in a joint statement that EE first raised concerns in 2016 against the proposed draft legislation but the Amendment Act was passed in 2018.

It said in November 2022, EE challenged the provisions in the High Court, arguing they were vague and violated learners' rights.

After the High Court ruled against EE in July 2023, the decision was appealed.

The reasons for the appeal relate to: Collaboration and donor-funded schools grant private donors/entities significant control (50% or more voting rights) over school governing bodies (SGBs), which EE argues undermines democratic governance and accountability. Intervention facilities risk removing learners for "serious misconduct" without addressing root causes or ensuring adequate safeguards.

Four main arguments were presented at the SCA: