Equal Education (EE) and the Equal Education Law Centre (EELC) returned to the High Court on Monday after suffering setbacks last week.
Their court appearance on the urgent roll aimed to achieve three things:
- Secure immediate school placement for all unplaced learners.
- Implement remedial catch-up plans to help these learners recover lost learning time.
- Obtain a detailed report from the government explaining the reasons behind the placement crisis and how to prevent it in the future.
EE and EELC remain resolute in their commitment, emphasising their motto: "Sofunda Sonke – no learner should be left behind!" They will continue their fight to secure placements for all learners.
While we have faced various hurdles, we trust that the High Court, as the upper guardian of every child in South Africa, will protect the rights of children who remain unplaced without access to basic education or remedial support while awaiting placement. We are hopeful that it will recognise that children remaining without a school, four months into the 2024 academic year, is an urgent matter.
The organisation will picket outside the Western Cape High Court on Monday in an effort to ensure all out-of-school learners in the province are placed immediately.
Last week, the EE suffered a setback. The High Court rejected their request for an urgent hearing to address the placement of unplaced learners in schools.
Despite being months into the 2024 school year, many learners remain without placement, a situation EE and EELC argue necessitates immediate action.
Today, the Western Cape High Court disappointingly – on the suggestion of the Western Cape Government (“respondents”) legal team – struck Equal Education (EE) and the Equal Education Law Centre’s (EELC) urgent application for the placement of unplaced learners in the Western Cape’s Metro East Education District off the urgent court roll.
The court's decision comes after a lengthy struggle by EE and EELC to secure placements for these learners. Their attempts to engage the Western Cape government yielded little response, prompting them to seek urgent court intervention.
They argue that the failure of the WCED to place learners, four months into the school year, is a critical issue. These learners are not only missing basic education but also essential remedial support.
The EE highlighted that one of the "unplaced" learners have been placed at schools, however, the geographic distance between where students live and where they are required to attend school are not financially viable for students.
He had to use public transport to and from school which cost about R1150 per month. Each month was a struggle for my family to pay that money, but we had no other option – given the admission challenges we were already aware of, particularly in Khayelitsha and the surrounding areas.
Equal Education highlights its ongoing efforts to work with the Western Cape government on this issue. However, they have been met with "indifferent responses" and tactics they describe as "legal gymnastics" and "stalingrad litigation."
Our decision to litigate follows a lengthy series of attempts to engage the Western Cape Government on placing out-of-school learners. Our attempts have been met with indifferent responses followed by “legal gymnastics” and stalingrad litigation tactics which were detailed in media statements released on 24 April followed by 26 April.
While details of the court proceedings are still emerging, EE and EELC have expressed strong disagreement with the judge's decision. They argue the court, as the "upper guardian" of children in South Africa, has a responsibility to ensure their right to education. They believe the lack of placements is an urgent matter and have returned to court.
