Court victory for Western Cape’s donor-funded schools
SCA upholds laws allowing donor-funded and collaboration schools; judge dismisses SADTU’s objections as “plainly unsustainable”
The Supreme Court of Appeal (SCA) has ruled in favor of Western Cape's donor-funded schools, dismissing challenges brought by Equal Education (EE) and the South African Democratic Teachers’ Union (SADTU). The Western Cape Provincial School Education Amendment Act, which introduced provisions for collaboration schools, donor-funded schools, and intervention facilities, was deemed constitutional by the SCA.
Judge Boissie Mbha, writing for the three-judge panel, acknowledged the weak quality of education in public schools and the need for significant resources, particularly in poorer communities. The Act aimed to improve education by forging long-term partnerships with entities possessing education expertise. The SCA agreed with the Western Cape education department's (MEC) findings that the provisions did not infringe upon learner and parent representation on school governing bodies (SGBs) and did not compromise the right to dignity.
Regarding intervention facilities, the MEC explained that no such facilities had been established and that the decision to refer a learner would be made with parental consent, similar to sending a child to boarding school. SADTU's challenge to the establishment of the Western Cape Schools Evaluation Authority was dismissed, as collective bargaining cannot extend to bargaining with a legislature over the content of law.
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