The Western Cape Government welcomes today's judgment by the Supreme Court of Appeal dismissing the appeals brought by Equal Education and the South African Democratic Teachers' Union (SADTU) against key provisions of the Western Cape's education reforms.
The judgment upholds the earlier ruling of the Western Cape High Court and confirms the lawfulness of legislative provisions relating to collaboration schools, donor-funded schools, intervention facilities and the Western Cape Schools Evaluation Authority (WCSEA).
The Western Cape Education Department have consistently maintained that the Western Cape's education reforms are lawful, constitutional and firmly focused on advancing the best interests of learners. We are pleased that the Supreme Court of Appeal has now affirmed this position.
The Court recognised that the right to basic education and the best interests of learners are at the heart of these matters and found no basis to overturn the provisions challenged by the appellants. The judgment confirms that collaboration schools and donor-funded schools can operate within the existing legislative framework, while also recognising the positive role played by the WCSEA in supporting educational quality and accountability.
The Court also recognised the purpose of intervention facilities, noting that they are intended to support learners who have been found guilty of serious misconduct, avoid unnecessary expulsion, address behavioural challenges and assist learners to reintegrate successfully into their schools.
We believe this judgment provides important certainty for schools, parents, educators and learners, and allows us to continue focusing on our core mission of delivering quality education to every learner, in every classroom, in every school in the province.
Distributed by APO Group on behalf of Western Cape Government: Office of the Premier.
