Equal Education has taken its fight against the Western Cape Provincial School Education Amendment Act to the Supreme Court of Appeal, challenging provisions that allow private donors significant control over public schools. On Tuesday, Equal Education (EE), represented by the Equal Education Law Centre (EELC), appealed the Western Cape High Court decision at the Supreme Court of Appeal (SCA), regarding the Western Cape Provincial School Education Amendment Act 4 – challenging the constitutional validity of collaboration schools, donor-funded schools, and intervention facilities. EE and EELC said in ajoint statementthat 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 at the SCA: Parent majority rule: Collaboration and donor-funded schools conflict with the South African Schools Act (SASA) requirement for a parent majority on SGBs of public ordinary schools. Excessive MEC powers: The Amendment Act grants the Provincial Education Minister (MEC) over-broad and unguided powers, particularly in determining remaining SGB membership categories.
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Inadequate qualifying criteria: The definitions of “operating partner” and “donor” are weak, failing to ensure these private actors possess necessary educational expertise beyond just providing money. Foreseeable rights violations: The challenge to intervention facilities is not premature; the law lacks guidance for establishment and operation, fails to protect children’s best interests, and omits necessary departmental/judicial oversight. EE advocates for strengthening in-school support instead.
EE told Cape Argus following the matter today, their teams would issue a latest statement on developments. Provincial MEC for Education, David Maynier said they were disappointed that their model was being challenged. “It’s unfortunate that SADTU/Equal Education have chosen to challenge our collaboration schools model, which makes high quality no-fee education available to learners in poor communities in the Western Cape,” he said.
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