Lobby group Equal Education (EE) is not backing down in their efforts to see collaboration schools being scrapped in the Western Cape.
EE spokesperson Jay-Dee Cyster said they appeared before the Western Cape High Court on Tuesday seeking leave to appeal a July 2023 judgment over the Provincial Schools Education Amendment Act matter.
SA Democratic Teachers’ Union and EE, represented by the Equal Education Law Centre, argued that the system conflicted with national legislation and the Constitution.
They wanted parts of the act overturned.
“We are essentially asking the judge to determine whether a different judge would have found differently ... (we are) asking the court whether they think there are grounds for an appeal in the Supreme Court of Appeal.
“The court will let us know in a week’s time of the outcome.
“After carefully studying the (July 2023) judgment, we have resolved to challenge the outcome in the interest of learners and school communities, to protect education as a public good, and to uphold the democratic nature of school governance,” said Cyster.
The Act of 2018 provided for the establishment of three institutions –collaboration schools, donor-funded schools and intervention facilities – for pupils found guilty of serious misconduct.
These schools have been operating in the province since 2015, and have continued to receive state funding and resources while their non-profit operating partners bring in additional money, skills and resources.
“Although the court did not find in our favour, we still believe the law around these institutions is vague, inconsistent with the Constitution, and in conflict with the South African Schools Act (SASA).
“We are confident that there are compelling reasons for an appeal.
“Most importantly, our application raises pertinent questions regarding the permissible extent of provincial regulation of basic education, the involvement of private actors in the governance of public schools, and the use of ‘novel’ disciplinary measures arising from learners’ misconduct,” said Cyster.
Education MEC David Maynier said they have always maintained that the challenge brought by EE was without basis, and they were pleased that the high court agreed with the department.
“Equal Education (is) now seeking leave to appeal, and we are awaiting judgment on that application. We will continue to oppose their efforts to shut down collaboration schools, which would deny learners in poor communities from having access to the quality no-fee education that these schools provide,” said Maynier.
According to the department, by last year collaboration school donors had contributed more than R325 million to schools, a contribution to the education sector that might otherwise not have been made.
Cape Times