Cape Town - Equal Education (EE), Equal Education Law Centre (EELC), and the South African Democratic Teachers Union (Sadtu) are going head-to-head with the Western Cape Education Department (WCED) at the Western Cape High Court.
The court case concerns its introduction of collaboration schools, donor-funded schools and intervention facilities.
The two-day proceedings which commenced on Wednesday, related to the Western Cape Provincial School Education Amendment Act of 2018 (the Amendment Act).
The groups said the amendment makes the establishment of two new types of schools, collaboration and donor-funded schools, possible.
The groups argued that donors and private entities would be given significant control over public schools in a way that undermines democratic governance and accountability.
The act also allows for the establishment of intervention facilities for learners guilty of serious misconduct, with a stay of up to a year.
“We are challenging the introduction of these three institutions because the law around them is vague, is inconsistent with the Constitution and in conflict with the South African Schools Act (SASA),” EE and EELC said in a joint statement.
EE and EELC have instituted legal action against the Education MEC, the Premier, the Basic Education minister and the Justice and Correctional Services Minister.
A collaboration school is a partnership between the WCED, a non-governmental organisation also known as a school operating partner, and a donor.
Operating partners may have voting rights on the school governing body (SGB), and may make up 50% of the SGB, EE said.
Donor-funded schools are without an operating partner. However, the donor is given voting rights on the SGB.
“The MEC may give a donor more than 50% – and up to 100% – of the voting positions on an SGB. In these schools, private entities can essentially ‘buy’ decision-making power on school governing bodies, regardless of their education expertise.”
Education MEC David Maynier said it was unfortunate that Sadtu and Equal Education were challenging the validity of the model, which makes quality, no-fee education available to over 12 000 learners in poor communities in the province.
“We look forward to our arguments being presented to the courts and are confident that the clear benefits of the collaboration schools model will be recognised. Our collaboration schools donors have contributed over R325 million to date, a contribution to our education sector that might otherwise not have been made.”