Cape Town - The Western Cape High Court has dismissed a challenge brought by Equal Education (EE) represented by the EE Law Centre, and the South African Democratic Teachers Union (Sadtu) over the validity of the Western Cape Education Department’s (WCED) collaboration schools model.
Proceedings related to the Western Cape Provincial School Education Amendment Act of 2018 (the Amendment Act), which made the establishment of collaboration schools, donor-funded schools and intervention facilities possible, commenced in November 2022 with the judgment in the matter delivered on Monday.
The act also allows for the establishment of intervention facilities for learners guilty of serious misconduct, with a stay of up to a year.
Respondents in the two separate applications included the Education MEC, Western Cape Premier, Basic Education Minister, Justice and Correctional Services Minister, Provincial Legislature speaker, and Justice and Constitutional Development Minister.
EE argued that donors and private entities would be given significant control over public schools in a way that undermines democratic governance and accountability.
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.
Donor-funded schools are without an operating partner. However, the donor is given voting rights on the SGB.
EE said it would be commenting on the judgment in the coming days.
In a statement, Education MEC David Maynier said collaboration school donors have contributed more than R325 million to schools to date, “a contribution to our education sector that might otherwise not have been made”.
“One need only look at collaboration schools like Apex High School, Jakes Gerwel Technical High School, and Boundary Primary School, to see the benefits that the model offers,” he added.