The Western Cape High Court has dismissed the SA Democratic Teachers Union (Sadtu) and Equal Education’s (EE) application against sections of the provincial School Education Amendment Act, which paves the way for collaboration and donor-funded schools, and intervention facilities for learners who have been found guilty of serious misconduct.
Judge André le Grange on Monday ruled that: “All the challenges brought by EE and Sadtu cannot succeed and falls to be dismissed. This being a constitutional challenge, I will apply the Biowatch principle as to costs.”
The parties took the WCED to court last year to challenge the introduction of collaboration schools, donor schools, and intervention facilities, which they labelled as “experiments” in hopes of having them declared invalid and unconstitutional.
Collaboration schools are public schools where non-profit organisations collaborate with the education department to provide additional skills and resources.
Donor-funded schools concerns for-profit entities that will be able to fund public schools, while intervention facilities provide rehabilitation for learners found guilty of serious misconduct.
Collaboration and donor-funded schools were established in 2016 after changes to the Amendment Act.
The WCED initially stated in its court papers that collaboration and donor-funded schools were not public ordinary schools, but made a U-turn and in its heads of arguments, said the institutions were public ordinary schools.
EE on Monday said their legal team was reading through the judgment and would comment publicly after that process.
Sadtu Western Cape didn’t respond by deadline on Monday.
Education MEC David Maynier said the collaboration schools model made quality no-fee education available to learners in poor communities in the Western Cape.
“When the action was instituted, our collaboration schools were just getting off the ground.
“Since then, the model has produced excellent results, with learners having access to incredible learning opportunities.
“Our collaboration school donors have contributed to the value of over R325 million to our schools to date, a contribution to our education sector that might otherwise not have been made.
“One need only look at collaboration schools like Apex High School, Jakes Gerwel Technical High School, and Boundary Primary School, to see the benefits that the model offers.”
Maynier said they were pleased with the outcome in the high court.
“We look forward to this outcome bringing stability and certainty to the sector going ahead, as we continue to work to deliver quality education for every learner, in every classroom, in every school in the Western Cape.”
Cape Times