Legal Showdown Over School Access: WCED Faces Court for Failing Late Applicants

The Western Cape Education Department (WCED) is headed to the High Court this Thursday following legal action from Equal Education (EE) and the Equal Education Law Centre (EELC) over what they say is a systemic failure to place late applicant learners in schools.

In what could be a landmark case for education rights in South Africa, the two organisations argue that the WCED’s current policies disproportionately disadvantage children from low-income and historically underserved communities, especially those living in areas like Khayelitsha and Kraaifontein.

A Decade-Long Struggle for School Access

According to EE and the EELC, the issue isn’t new. For more than ten years, families who missed the initial school application period have faced an uphill battle getting their children placed — a challenge that is worse in communities already burdened by poverty, unemployment, and social instability.

Many of these late applications are not the result of negligence, the organisations argue, but stem from real-life difficulties — such as relocation due to job loss, family deaths, or domestic violence, and lack of internet access to complete online applications.

“We Are Asking the Court to Declare This Policy Unconstitutional”

The current case challenges the WCED’s admission policy and internal circulars, which allow late applicants to remain unplaced for indefinite periods with no clear pathway to school access. EE and EELC argue that this practice violates learners’ constitutional rights to dignity, equality, and basic education.

Jay-Dee Booysen, spokesperson for EELC, said that despite past court rulings ordering interim measures like pop-up admission stations in high-need areas, the provincial government has not gone far enough.

“The WCED continues to send desperate parents from pillar to post. These delays leave learners stuck at home while the school year progresses — and that’s simply unacceptable,” Booysen said.

The Department’s Response

WCED spokesperson Bronagh Hammond confirmed the department will oppose the legal challenge in court, but did not elaborate on the specifics of its defense. In past public statements, the department has said it faces pressure from limited infrastructure and increasing enrolment numbers, especially in high-growth urban areas.

What’s at Stake

At the heart of the case is the question of whether the WCED’s current system violates the constitutional rights of learners, and what obligations the provincial government has in ensuring equal access to education — regardless of when a child applies.

The organisations are not only seeking urgent relief for affected learners in 2024 but also a court order compelling the WCED to overhaul its admissions system to ensure fair and timely placement going forward.

“We continue to see learners without school places or adequate support as they wait in limbo,” said Booysen. “It’s time for this to change.”

This case may have significant implications for how public education systems across South Africa handle school admissions. As the matter is heard in court, thousands of families across the Western Cape will be watching — hoping for a resolution that finally puts every child in a classroom, where they belong.

{Source: IOL}

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